The SD
Supreme Court handed down one decision this morning, holding inter alia:
1) Nonresident convicted of
ordinance affecting water supply of city
Summary
follows:
CITY OF RAPID CITY v. SCHAUB, 2020 S.D. 50: Pro Se Defendant, living outside the city
limits, appeals his conviction for “operating
an onsite wastewater system without a permit.” The SD Supreme Court affirmed the conviction
rejecting three arguments: 1) that the ordinance was applied in an ex post
facto manner; 2) that the City Ordinance was preempted by state law/regulations;
and 3) that the City lacked authority to exercise police powers outside of its
city limits (upholding statutory grant of authority under SDCL 9-32-8 for
cities to protect water supplies “within one mile of the limits of the
municipality.”) This decision is
unanimous with opinion authored by Justice Salter.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
