Sioux Falls Attorney Joel Arends is representing three landowners living near the Walmart construction site on 85th Street and South Minnesota Avenue.

Construction is currently ongoing, however Arends is seeking an injunction. He argues that his client's rights were violated by the city because they were not granted the opportunity to petition a conditional use permit at a public hearing.

Mike Cooper, Director of City Planning and Building Services testified the city was not required to offer a hearing because the land was reclassified from the 1983 zoning ordinance to the new "Shape Places" ordinance, which does not require conditional use permits.

Arends told the judge that the "in-house" reclassification that Cooper did was arbitrary, and done without following state laws or city ordinance because it was done without a written policy.

Judge Lawrence Long says Arends brought up new theories in court that needed to be further explained and ordered him to submit his formal written argument and the city will respond.

Long will make a ruling on Arends' motion after the argument is submitted and answered.