KDLT Home KDLT on Facebook KDLT on Twitter Get the KDLT iPhone App Get the KDLT Android App

City Responds To Lawsuit Involving Walmart

Bookmark and Share

The City of Sioux Falls is firing back at a lawsuit filed by a group of neighbors opposed to a new Walmart on the city's south side. Wednesday, the group announced they were suing the city and the city council. The 'Save Our Neighborhood' group says the land was illegally annexed into the city, but city leaders argue the lawsuit is unfounded.

Dana Palmer with 'Save Our Neighborhood' said, "We don't want to live in the middle of a large retail commercial development."

The group called 'Save Our Neighborhood' says it will do whatever it can to prevent the proposed Walmart from being built on the southwest corner of 85th Street and Minnesota Avenue in Sioux Falls.
And on Wednesday, they announced a move that could prolong it's development.

Palmer said, "Unfortunately, we think the city has made a mis step."

Along with area residents, the group filed a lawsuit against the City of Sioux Falls and the Sioux Falls City Council. The lawsuit states that when annexing the Lincoln County land into the city, it was not done within compliance with the law.

"The way I read the statue it's very clear in that Lincoln County is required to provide it's approval for annexation," said Palmer.

But Sioux Falls City Attorney Dave Pfeifle disagrees.

Pfeifle said, "It's not justified. This is the exact same procedures we have done with every voluntary annexation for decades."

He says only if the landowners are involuntary, or don't approve of annexing the land, would the city need to seek the approval of the Lincoln County Board of Commissioners.

Pfeifle said, "That wasn't required here because there was one landowner and that one landowner requested the city to have his, their property annexed into the city."

Pfeifle says the city has gone through the necessary steps to annex the land. Not only has it notified the Lincoln County Auditor who notifies the Lincoln County Commission, but it has notified the area school districts, townships and the public of their intent.

"Lincoln County did not offer an objection to this annexation," said Pfeifle.

KDLT tried contacting all five members of the Lincoln County Commission. None would go on camera,
but say in the past they've been notified if Sioux Falls wants to annex land and they usually don't contest it. The Deputy Lincoln County State's Attorney agrees with the Sioux Falls City Attorney.
Michael Nadolski says it's standard practice to seek the county board's approval if the annexation is involuntary, if the owner of the land does not wish to annex it.

The City Council is expected to vote on rezoning the annexed land on Aug. 6. It's unknown how the lawsuit would effect the vote.
< Prev Story Back To Top Next Story >

Parent On School Break-In: "What's going to be done?"  story with video

Police are looking for the man who was found sleeping inside a Sioux Falls ...

SF Families Receive Home In Time For Holidays   story with video

Home is where the heart is, a phrase that many of us know to mean where you ...

Teen Arrested After Early Morning Crime Spree

A teenager is facing a number of charges after allegedly stealing ...

Supreme Court: DNA Evidence Lacks For New Trial  Nov. 26

Thanksgiving Dinner: Eating Safely  story with video  Nov. 26

Hospital, SD Settle Over Improper Medicaid Claims  Nov. 26

Man Found Sleeping In SF School Classroom  Nov. 26

Police: 16 Guns Stolen From Sioux Falls Home  Nov. 26

US Agency Threatens To Act Against Air Bag Maker  Nov. 26

State Supreme Court Rejects Taliaferro Appeal  Nov. 26

Bold Shoplifters Hit Best Buy Store In Rapid City  Nov. 26

Minnesota Tops Turkey Production In US  Nov. 26

8 People Indicted In Sioux City Officer Shooting  Nov. 26

Pierre Chooses Aerodynamics Inc. For Air Service  Nov. 26

4 SD Communities To See Municipal Tax Changes  Nov. 26

Nearly 2 Dozen Alco Stores Closing In The Dakotas  Nov. 26

Deadwood October Gambling Revenue Up Over 2013  Nov. 26

Top 5 Winter Getaways  story with video  Nov. 26

The Daily Scoop: 11-26-2014  story with video  Nov. 26

SD Man Gets 30 Years In Daughter's Death  Nov. 25

KDLT News Archive

Man Found Sleeping In SF School Classroom

Police are investigating a burglary at a Sioux Falls ...

SD Cheerleaders In NYC Thanksgiving Parade  story with video

Two small town South Dakota girls are taking a ...

SD Man Gets 30 Years In Daughter's Death

A South Dakota man convicted of killing his 2-year-old ...

No Injuries In Early Morning House Fire In SF  Nov. 25

Teen Arrested After Early Morning Crime Spree  Nov. 26

Police: 16 Guns Stolen From Sioux Falls Home  Nov. 26

Both Sides Want Judge To Rule On Gay Marriage  Nov. 25

Ferguson: Daylight Reveals Damage  story with video  Nov. 25

KDLT News Archive

Fuquan likes playing on young Skyforce  story with video

The Skyforce have a very young and talented team led by top draft pick Fuquan ...

Tigers ice cold in loss to Briar Cliff  story with video

MITCHELL, S. D. – The Dakota Wesleyan University women's basketball team ...

Voss, Tigers stay unbeaten with rally against Briar Cliff  story with video

Jalen Voss poured in 20 points as all 5 Tiger starters were in ...

Jacks glad to have Sumner back  story with video  Nov. 25

SMSU glad to make first Elite 8  story with video  Nov. 25

Balanced attack leads SDSU past Sam Houston  story with video  Nov. 24

Allen leads Dakota State over Cougars at USF  story with video  Nov. 24

Chadron State men no match for Jacks at Frost  story with video  Nov. 24

KDLT Sports Stories
Back To Top