Imagine building your dream home, all approved by city zoning, only to have your neighbors launch a lawsuit demanding that you tear it down. What if you lived in a charming historic neighborhood and your new neighbors decided to construct a towering McMansion just seven feet away from your property, effectively blocking your sunlight? This real-life drama is unfolding in a quaint South Dakota community right now.
A judge recently instructed Mike and Jenna Thompson to “reconstruct or relocate” their brand-new four-bedroom abode. According to USA Today, their home contravenes the historic regulations of the McKennan Park Historic District. The Thompsons are now facing a lawsuit from their next-door neighbors, Tom and Lisa Green, whose house is, yes, a mere seven feet away from the Thompsons’. The Greens argue that the new house has cast a shadow over their property, literally. To add fuel to the fire, a fire inspector declared that Tom and Lisa could no longer use their fireplace due to its proximity to the Thompsons’ residence.
Judge John Pekas ruled that the Thompsons had violated the historic standards of the McKennan Park area, disrupting the neighborhood’s character and failing to meet size and space requirements. After six months in court, and one year into this ongoing saga, the judge stated, “A monetary award would not remedy this,” insisting that the Thompsons must either adjust their home or get ready for a demolition party. Ouch.
The feud between the Thompsons and the Greens didn’t start when the house was completed. During construction, the Greens sent a cease-and-desist letter threatening legal action if building continued—a letter that the Thompsons chose to ignore. “They just blindly went forward with building this thing without any regard to anyone but themselves,” stated the Greens’ lawyer, Doug Reed, to The Daily Mail. The Thompsons’ attorney, however, remained tight-lipped.
Reed expressed satisfaction, saying, “My clients are very pleased. It’s been a very long road for them.” He emphasized the importance of adhering to zoning laws and historical standards, arguing that this ruling protects other homeowners in Sioux Falls from similar situations.
While the Greens and their legal team have cited the historic district guidelines to back their claims, the twist is that the city of Sioux Falls had initially approved the Thompsons’ plans. It seems the city may have neglected to enforce federal regulations for historic districts, leading to questions about whether they owe anyone anything. To further complicate matters, staff from the Sioux Falls Board of Historic Preservation admitted during the trial that they were unaware of the applicable rules. Oops!
Now, the Thompsons have the option to appeal, potentially allowing them to keep their home just seven feet away from their neighbors.
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In summary, the Thompson-Green saga highlights the complexities surrounding historic zoning laws and neighborhood disputes. While the Thompsons built what they thought was their dream home, they now face the daunting task of potentially tearing it down or altering it to comply with local regulations.