User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


74° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

SF Man Who Beat City Hall Says Lawsuit Coming

December 20, 2011, 5:55 PM by Ben Dunsmoor

SF Man Who Beat City Hall Says Lawsuit Coming
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.

Previous Story

Next Story


Comments





RELATED STORIES


 
Find Local Businesses on KELO Pages!

View news

You may also like

Body Identified: No Foul Play Suspected

7/22/2014 8:56 PM

No foul play is suspected in the death of 64 year-old Susanna K. Bannwarth. The Fulton woman was reported missing Monday morning. Her body was f...

Full Story
Car Versus Bike Crash Near 41st And Marion

7/23/2014 4:39 PM

A car versus bike crash happened at the intersection of 41st Street and Larch Avenue.

Full Story
Missing Woman Located

7/23/2014 6:19 PM

Tori Jean Bruggeman has been located by police. Authorities are working to get her reunited with family.

Full Story
Two People Go To Hospital Following Fight

7/28/2014 11:30 AM

Sioux Falls Police say a large fight behind the Best Buy store on 41st Street landed two people in the hospital early Sunday morning.

Full Story
Police Looking For Sioux Falls Woman

7/23/2014 5:06 PM

There is a search underway for a missing 31-year-old woman.

Full Story


Events