The Application of B.Y. Development

Supreme Court of South Dakota, # 25407, July 7, 2010: Holds the phrase “any historic property” under a state historic preservation enabling act, SDCL 1-19B-62, does not include historic districts, but that City of Deadwood’s determination whether a project would “encroach upon, damage, or destroy” historic properties may be based on the local ordinances in addition to the state act. When the circuit (trial) court reversed the commission’s ruling, it based the reversal solely on the enabling statute without reference to the city ordinances. The Supreme Court remanded the matter to the circuit court to review whether the City properly denied a permit application based on the local ordinances and the state enabling act. Whether Deadwood’s ordinances exceed the powers conferred by the state enabling act was not argued, so the Supreme Court’s decision did not address it.

Decision available at http://www.sdjudicial.com/Uploads/opinions/25407.pdf.

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