Today’s hearing (Room 4B – Minnehaha CC)Â before Judge Tiede will largely hinge on this statute;
SDCL 9-4-5.   Annexation of unplatted territory subject to approval by county commissioners. No such resolution describing unplatted territory therein may be adopted until it has been approved by the board of county commissioners of the county wherein such unplatted territory is situate. For the purposes of this section, unplatted territory is any land which has not been platted by a duly recorded plat or any agricultural land as defined in § 10-6-31.Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SL 1982, ch 71, § 1.
While I’m no attorney, this statute seems pretty black and white that the land at 85th & Minnesota, which is clearly in Lincoln County, was not platted and was not approved by the Lincoln County commissioners before it was annexed by the city of Sioux Falls. This also goes back to my numerous blog posts about how the city attorney’s office thinks that State Law does not apply to the Island we live on in their minds. The city has lost several circuit and State SC cases because of this attitude, and frankly, bad lawyering. City Charter does not trump state law.
Mayor Huether has asked the citizens of Sioux Falls to “trust in the process.” Â Well, it doesn’t appear that the process has been followed by his employees and you know who they get their marching orders from. This occurred during the Munson administration also (though he was more likely to break city charter then state law).*
Back to the lawsuit, Jay Woudstra, the Superintendent of Sioux Falls Christian got up and spoke out against WM at 69th and Cliff –  so why isn’t anyone from the Harrisburg School District not doing the same thing considering they have Journey Elementary, Endeavor Elementary and North Middle School (the last two being brand new and right off Western) all within a mile as the crow flies of this site.  Still a head scratcher to many I talk to. Obviously SFC is a private institution, and Harrisburg’s are public. I have noticed most public officials don’t want to touch the issue with a 10 foot pole. Only 2 city councilors have talked about it publicly, but the Mayor of SF & Harrisburg have zipped lips (for now anyway).
*I almost crapped a brick the other night when I saw Munson standing on Phillips to the Falls, defending Lloyd’s TIF’s for the area on TV. Talk about arrogance. Munson almost drops out of the Mayor’s race after being threatened with charges of breaking city ordinance over that street, then has the nerve to hold a TIF rally on the (illegal) street. WOW.