Legal Opinion

Daily v. City of Sioux Falls

South Dakota Supreme Court

Decided August 24, 2011No. 25698, 25715PublishedCited by 18 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Over a period of two years, the City of Sioux Falls issued Daniel Daily four citations for a concrete extension to his driveway. Daily appealed each of the citations, but a hearing was held only on the final two citations he received. The hearing examiner upheld the final two citations. Daily then initiated this declaratory judgment action against the City. After a four-day trial, the trial court concluded that the City’s administrative appeals process, both as written and as applied, as well as the enforcement of its zoning ordinances, violated Daily’s constitutional…

2Cases cited34 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  4. Goldberg v. KellySupreme Court of the United States · 1970
  5. Perry v. SindermannSupreme Court of the United States · 1972

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3Cited by18 opinions

  1. Debra Jenner v. Kay NikolasCourt of Appeals for the Eighth Circuit · 2016
  2. City of Sioux City v. Michael Jon JacobsmaSupreme Court of Iowa · 2015
  3. Danielson v. HuetherUnited States District Court · 2018
  4. Morris Family LLC v. South Dakota Department of TransportationSouth Dakota Supreme Court · 2014
  5. Cook v. CookSouth Dakota Supreme Court · 2022

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