The city says it's been playing by the rules to annex a part of Lincoln County.
But a group of neighbors in south Sioux Falls believes it didn't and filed a lawsuit.
There are two sides to every story.
This empty lot has become a virtual battlefield for the city of Sioux Falls versus a group called 'Save Our Neighborhood.'
Attorney Brooke Swier Schloss said "that's why the lawsuit was brought so that a judge can determine whether the city did what it's supposed to do and got that approval or whether 'Save Our Neighborhood,' as they've alleged, that they didn't get that approval. And that therefore the city didn't follow the state law."
But city attorney Dave Pfiefle assured the city followed the law to annex this land into Sioux Falls. While the neighbors fighting the proposed development in their backyards say the city didn't.
"State statute requires that the county auditor be notified in particular, and then the county auditor takes that notification, and by law they shall present it to the county commission and so that's the way this procedure is done," Pfiefle said.
And Pfiefle said it's ironic the neighbors are suing the city considering they've been through this process before.
"The neighborhood where all these neighbors reside, that area was annexed into the city using the exact same process where the Lincoln county commission didn't have a hearing or a vote on it either," ," Pfiefle said.
These neighbors and city hall have yet to agree on who's right.
"The city stated they're pretty confident in what their position is, and the save our neighborhood is confident in theirs. I think it will be a fought battle and the judge will have to decide," Swier Schloss said.
Lincoln County auditor Paula Feucht said Sioux Falls notified her office after the city passed the resolution to annex the land.
Sioux Falls city council votes on zoning the land, August 6th.
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