Atkinson v. City of Pierre

[¶ 33.] I concur and write to highlight two points.

[¶ 34.] First, although the dissents spend numerous pages discussing facts that could support a finding of unreasonable noise (a nuisance), Judge Gors listened to the opposing witnesses, found their credibility more persuasive, and ultimately found for Tour Ice on this issue. Therefore, although the dissents’ selection 7 of facts may appear to make a case for a nuisance, this appellate retrial of facts is not permitted under our well-established standard of review. Union County v. Hoffman, 512 N.W.2d 168, 170 (S.D.1994); Hilde v. Flood, 81…