The owners of the large house in McKennan Park want the South Dakota Supreme Court to look at their case again. Earlier this month, the state’s highest court told the Sapienzas they needed to rebuild or remove their house to make it comply with historical standards.

Justices upheld an earlier circuit court ruling.

This started three years ago when their neighbors, the McDowells, sued them.
The McDowells said the Sapienza house was too close to their chimney, prevented them from using their fireplace, and violated historical standards. 

Last year, Circuit Court Judge John Pekas ruled the Sapienzas must make their house comply by reducing the height and by moving it away from the McDowells’ house.  The Sapienzas appealed that decision to the Supreme Court. 

In these latest documents for a rehearing with the Supreme Court, the Sapienzas’ attorney says that circuit court decision didn’t consider how remodeling, or tearing down and rebuilding will harm his clients. The documents also say the Sapienzas “did everything and anything” to “ensure their home was in compliance with all laws and regulations, i.e., they relied on the expertise of their architects, designers, and contractors.” 

The McDowells’ attorneys have 10 days to respond.