The Save Our Neighborhood group is not giving up its fight against a proposed Walmart on the south side of Sioux Falls. The appeal was heard by the South Dakota Supreme Court on Tuesday.
The group's attorney said Sioux Falls violated a law in the annexation of the area around 85th and Minn. Ave. The city of Sioux Falls says no law was violated.
What the Save Our Neighborhood group is arguing is that the statute didn't distinguish between voluntary and involuntary annexations. It simply says where it involves unplatted land that the county must approve it.
The unplatted land the group is referring to is at 85th and Minn. Ave., just outside city limits. Ron Parsons -- the attorney representing Save Our Neighborhood -- says if this land is unplatted, regardless of how it was initiated, then their position is that county approval is required.
"We contend that this legislative requirement applies to all municipal annexations that involves unplatted territory. And if that's not what they meant, they could fix it -- like I said, in a minute -- but that's the way the statutes read, " said Parsons.
James Moore, the attorney for the city of Sioux Falls, says the city has followed the correct protocol for years in providing adjoining counties notice of a landowner initiated annexation petition.
"And in fact, there is a form that was in evidence before the circuit court in this case that actually has a checklist of everyone to whom the petition needs to be provided and one of those people, because this is a Lincoln County property, was the director of planning for Lincoln County and the testimony that was submitted to Circuit Court is that Lincoln County was given notice and that Lincoln County did not object in any way," said Moore.
The Save Our Neighborhood group's position is that the city violated a law when they annexed the land where the new Walmart is to be built.
Moore says the city of Sioux Falls has been following the statute as they understand it.