Arguments in front of South Dakota’s Supreme Court could impact the plans for a Walmart on the south side of Sioux Falls. Voters approved rezoning for the project earlier this month in a city election. But state justices are weighing whether Sioux Falls annexed the land properly.
The attorney for the Save Our Neighborhood group in Sioux Falls begins his oral arguments in front of the state Supreme Court with a thinly-veiled reference to the Walmart issue.
"As with many cases, there is a subtext to this appeal. But one of my goals here today is try to keep that subtext separate from what is really just a pure legal question involving the proper construction of statutes enacted by the legislature to confer the power of annexation upon municipalities to bring land into their corporate boundaries," Ronald Parsons says.
Parsons is correct. Whether Sioux Falls allows a Walmart built on land at the corner of 85th Street and Minnesota Avenue is not in front of the justices; however, the Supreme Court must decide if the path to claiming the land as part of Sioux Falls is legal.
Parsons says the law requires Lincoln County to approve the voluntary annexation of land into the city. Instead, Sioux Falls let the county know of the request but didn’t solicit specific approval. Chief Justice David Gilbertson wonders about Lincoln County’s role in the annexation.
GILBERTSON: Has the Lincoln County Commission objected to this procedure?
PARSONS: Not to my knowledge, no.
GILBERTSON: Is that relevant?
PARSONS: I don’t think so. No. These are statutory jurisdictional requirements in order for an annexation to be valid. It’d be a simple matter. All they had to do was, they have forms ready to go. They send it over. It gets put on the counties agenda. But then Lincoln County does have a say.
Opposing counsel disagrees. The Chief Justice questions Sioux Falls’ standard practice when the attorney representing the City of Sioux Falls James Moore explains the usual routine.
MOORE: And the testimony that was submitted at the circuit court is that Lincoln County was given notice and that Lincoln County did not object in any way, and that is in fact the standard protocol between the City of Sioux Falls and Lincoln County in these cases. This is not unusual.
GILBERTSON: Giving the county notice is a far cry from the argument of opposing counsel that they in essence have a veto power over it.
MOORE: That’s true, your honor. My point is not that what the city is doing is necessarily correct. My point is that it is practiced based on an understanding of statute that is correct.
Both attorneys agree that a county can prevent a city from annexing unplatted land, but they split over the procedure. One says the city needs explicit approval from the county to move forward. The other says the annexation is a go as long as the county doesn’t say no.
Now that question lies before the South Dakota Supreme Court. If the court rules in favor of the Save Our Neighborhood group, Lincoln County leaders would need to officially approve the annexation before the Sioux Falls can claim the land where the southside Walmart is proposed.