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SD Justices Will Hear SF Walmart Appeal Tuesday

April 28, 2014, 10:04 PM by Ben Dunsmoor

SD Justices Will Hear SF Walmart Appeal Tuesday
PIERRE, SD -

The fight over a south side Sioux Falls Walmart isn't over yet.

The South Dakota Supreme Court will hear arguments Tuesday over the land where the proposed store will sit. The justices will consider whether the Lincoln County Commission needed to approve the annexation of the property before the Sioux Falls City Council did.

"When it's a voluntary petition, when the landowner wants to be included within the city, the county commission does not have to give approval for that," Sioux Falls City Attorney David Pfeifle said.

That's the position the city took when it approved the annexation of the property at 85th and Minnesota last year. A Sioux Falls judge sided with the city last spring when the Save Our Neighborhood group challenged the decision in court.

2013 STORY: Council Approves Walmart Land Annexation

"(The judge) issued a well reasoned opinion. We certainly agree with it and found that there were no deviations in law in how we conducted that approval process," Pfeifle said.

But Save Our Neighborhood is appealing the decision to the Supreme Court. They argue that since the property was unplatted farm land the county commission did need to approve the annexation before the city did.

"It's a matter of statutory interpretation," Dana Palmer with Save Our Neighborhood said in a statement Monday. "Our interpretation is that under statute the county's approval is necessary."

And that's why the South Dakota Supreme Court Justices are being asked to make the final call on whether the process for the proposed store was followed appropriately.

Read Save Our Neighborhood Supreme Court Appeal Brief

The Supreme Court will hear arguments in the case starting at 11 a.m. Tuesday morning.

KELOLAND News will be streaming the case live on KELOLAND.com.

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