Judge’s Ruling on Riverwalk Landing Won’t Be Appealed to State Supreme Court

Riverwalk Landing Sign (KGFX Photo)


FORT PIERRE, S.D. – (DRG News) A judge’s ruling on actions by the Fort Pierre City Council on certain elements of a riverfront development will not be appealed to the South Dakota Supreme Court.   On July 3, Judge John Brown ruled that the council’s decisions on May 8, which included not enacting a deferred development fee for the Riverwalk Landing project, were not subject to a referral vote.  The effort to refer the council’s May 8 actions was spearheaded by Diane London of Perkins Restaurant, which is located in the same development where Riverwalk Landing will be built.  Her attorney, McLean Thompson Kerver announced yesterday that London will not appeal Judge Brown’s ruling from earlier this month.

Thompson Kerver says people who support London’s actions to push for public votes on the council actions – have been very vocal to her about their opinions.

Thompson Kerver says London hopes recent news about the project, city council votes and the election will result in more people getting involved in the decisions made by their local governmental entities.

Fort Pierre Mayor Sam Tidball said after London announced that she wouldn’t appeal Judge Brown’s ruling, that he was happy with the decision.

Tidball said much of the feedback he’s been hearing has been supportive of the project going forward.  City residents voted earlier this month-on July 9-as a result of London’s efforts to refer changes made to city zoning ordinances on May 6.  About 60% of the residents voting approved the council decisions and 40% voted against.

With the election complete, the council last week gave its approval to a conditional use permit, which Tidball says should now give the Riverwalk Landing project all the city permits that it needs to proceed.

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