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City attorney: summary-judgment hearing set July 9 in nuisance case for 105 North Orleans
Summary
City attorney told council a motion for summary judgment in the nuisance case for 105 North Orleans will be heard July 9 in Sioux Falls; if the judge grants the motion the city hopes to abate and remove two structures on the property.
Dean (city attorney) briefed the council on ongoing litigation concerning a nuisance property at 105 North Orleans. He said attorneys filed a motion for summary judgment that is scheduled for July 9 in Sioux Falls. Dean explained the legal standard for summary judgment — the court must find no genuine issue of material fact — and said the city’s objective is a judicial order allowing the municipality to abate the nuisance and remove two structures if the judge agrees there are no factual disputes.
Councilmembers asked about interim responsibilities such as lawn care and billing. Staff said the city has performed mowing and billed the property owner at the last known address; those charges remain outstanding receivables. Dean cautioned that if factual questions persist, the case will proceed to trial.
Council took no formal legal action during the meeting; members asked staff to continue coordinating with the city’s trial team and to report back after the July 9 hearing.
