Legal Opinion

City of Brookings v. Winker

South Dakota Supreme Court

Decided October 30, 1996No. NonePublishedCited by 16 opinions

1Opinion of the Court

SABERS, Justice.

[¶ 1] Winker was convicted of violating a City of Brookings zoning ordinance which, by its definition of “family,” limits to three the number of unrelated adults who may live together in one residential unit. Winker challenged the constitutionality of the ordinance under the equal protection and due process clauses of the South Dakota State Constitution. The circuit court upheld the constitutionality of the ordinance and we affirm.

FACTS

[¶ 2] In November, 1994, Winker was the owner of a rental dwelling in Brookings. The dwelling was a duplex, with one residential unit in the…

2Cases cited16 opinions

  1. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  2. Louisville Gas & Electric Co. v. ColemanSupreme Court of the United States · 1928
  3. City of Edmonds v. Oxford House, Inc.Supreme Court of the United States · 1995
  4. State v. BakerSupreme Court of New Jersey · 1979
  5. US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993

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3Cited by16 opinions

  1. Ames Rental Property Ass'n v. City of AmesSupreme Court of Iowa · 2007
  2. Matter of Estate of JetterSouth Dakota Supreme Court · 1997
  3. State v. ChampouxNebraska Supreme Court · 1997
  4. In Re Estate of KarnenSouth Dakota Supreme Court · 2000
  5. Dunham v. Lake Cty. CommissionSouth Dakota Supreme Court · 2020

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