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October 10, 2011 Volume 51 No. 19 Zoning Bulletin <br />Enforcement of Regulations— Property Owner <br />Appeals Four Zoning Citations <br />At hearing, city requires property owner to prove citations <br />were incorrectly issued <br />Citation: Daily v City of Sioux Falls, 2011 SD 48, 2011 WL <br />3759925 (S.D. 2011) <br />SOUTH DAKOTA (08/24/11)—This case addresses the issue of <br />whether a municipal administrative appeals process which requires <br />an individual who appeals a zoning citation to bear the burden of <br />proving it was incorrectly issued violates the individual's constitu- <br />tional due process rights. <br />The Background/Facts: In the summer of 2004, Daniel Daily <br />( "Daily ") hired a contractor to construct a concrete extension to the <br />east side of his driveway. The contractor had laid concrete extension <br />to the driveways of various homes in Daily's neighborhood, and in- <br />formed Daily that a permit was not required. Daily's completed ex- <br />tension spanned approximately seven feet from the edge of the exist- <br />ing driveway and ran the length of the driveway. The extension also <br />Contributors <br />Corey E. Burnham- Howard <br />........ ... <br />For authorization to photocopy, please contact the Copyright Clearance Center at 222 Rosew <br />Drive, Danvers, MA 01923, USA (978) 750 - 84 fax (978) 6468600 or West's Copyright Services a <br />610 Opperman Drive, Eagan, MN 55123, fax (651) 687 =7551. Please outline the specific material <br />involved, the number of copies you wish to distribute and the purpose or format of the use. <br />This publication was created to provide you with accurate and authoritative information concerning <br />the subject matter covered; however, this publication was not necessarily prepared by persons <br />licensed to practice law in ,a particular jurisdiction. The publisher is not engaged in rendering legal <br />or other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164 -0526. For subscription information: call (800) 229 -2084, or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164 -9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164 -0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • St. Paul, MN 55164 -0526 <br />1 -800- 229 -2084 • email: west. customerservice @thomsonreuters.com • west.thomson.com /quinlan <br />ISSN 0514 -7905 • © 2011 Thomson Reuters. All Rights Reserved. <br />QunIanTM is a Thomson Reuters brand. <br />2 © 201 1 Thomson Reuters <br />