Sioux Falls, SD
The Sioux Falls man who sued city hall and won says he is planning to file another lawsuit; this time in federal court.
Dan Daily sued the city back in 2008 claiming that its appeals process for city fines was unconstitutional. Daily won his lawsuit in circuit court, but the city appealed the decision to the South Dakota Supreme Court. In August, the Supreme Court also sided with Daily.
Monday night, Daily told the city council he is now planning to file a six-figure federal lawsuit to pay for the damage done by all the litigation.
Daily was originally fined back in 2006 over a $200 piece of concrete that was attached to his driveway. The court battle began when he tried to appeal the fine.
He says the lengthy litigation cost him thousands of dollars and ruined his marriage.
"The city tortured me eight years. I lost my house and my spouse of 27 years," Daily told the Sioux Falls City Council Monday night.
Daily made the comments during the open public input portion of Monday night's city council meeting that was broadcast on the city's public access channel.
"There's federal law that protects me from local government malicious litigation," Daily said.
This whole issue started when the Vietnam-combat veteran tried to appeal the fine for his concrete slab extension. He was told the burden of proof during the appeal fell on him.
The circuit court found that the city appeals process was unconstitutional and the city took the case all the way to the Supreme Court. Daily also won that appeal in August.
"I'm not a legal person. I know that I did not have a proper hearing, and I know that I was abused in a way that no one should have to go through for a $200 piece of concrete," Daily told KELOLAND News on August 25, 2011 following his Supreme Court victory.
And now Daily is going to try to fight city hall again, this time to find some resolution for the torture he says the city put him through.
"See you in court,” Daily said as he concluded his comments to the city council Monday night.
Sioux Falls City Attorney Dave Pfeifle didn't have any comment on the case because he says the city hasn't been served any lawsuit yet.
No lawsuit has been officially filed against the city in federal court either.
The city has changed its civil appeals process since the South Dakota Supreme Court ruling in August.