Hamerly v. City of Lennox Bd. of Adj.

[¶ 1.] After concluding that city illegally granted building permit, circuit court ordered city to remove newly constructed building located on private property. We affirm in part and reverse in part.

FACTS

[¶2.] The City of Lennox, South Dakota enacted an ordinance establishing new zoning regulations effective August 28, 1996. John Foltz operated a small engine repair business in an area zoned residential under the new ordinance. In October of 1996, fire destroyed one of the three buildings from which he conducted his business. The other two buildings were damaged by the fire.

[¶3.] On November…