Parris v. City of Rapid City

Plaintiff, a property owner, sought to expand the buildings on his property and, accordingly, asked the City to rezone a portion of his property zoned within the Flood Hazard Zoning District. The City denied the request along with Plaintiff's building permits because the proposed expansion extended to a portion of Plaintiff's property zoned within the Flood Hazard Zoning District. After unsuccessfully appealing to the Zoning Board of Adjustment, Plaintiff filed a complaint with the circuit court, which included a writ of certiorari, a request for declaratory judgment, a writ of mandamus, a civil rights claim, and a state constitutional claim. While the suit was pending, the City partially granted Plaintiff's rezone request. The circuit court subsequently denied Plaintiff's writ of certiorari and granted summary judgment in favor of the City on the remainder of Plaintiff's claims. The Supreme Court affirmed, holding that the circuit court did not err in dismissing Plaintiff's writ of certiorari and granting summary judgment in favor of the City on Plaintiff's remaining claims. View "Parris v. City of Rapid City" on Justia Law