EVEN v. CITY OF PARKER

Nos. 20516, 20519.

597 N.W.2d 670 (1999)

1999 SD 72

Donald EVEN, Petitioner and Appellee, v. CITY OF PARKER, a South Dakota Municipality, Respondent and Appellant, v. The Board of Adjustment of the City of Parker, Respondent.

Supreme Court of South Dakota.

Decided June 16, 1999.


Attorney(s) appearing for the Case

Jeffrey A. Cole of Zimmer, Duncan and Cole, Parker, for petitioner and appellee.

David M. Buechler, Parker, for respondent and appellant.


GILBERTSON, J.

[¶ 1.] Donald Even (Even) brought a verified petition alleging illegality of a decision by the City of Parker Board of Adjustment (Board) pursuant to SDCL 11-4-25 and an application for a writ of certiorari. The trial court, First Judicial Circuit, Turner County, found the Board was estopped from enforcing a zoning ordinance on Even. The Board appeals and Even files notice of review. We affirm.

FACTS AND PROCEDURE

[¶ 2.]...

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