South Dakota Judge Dismisses Home Dispute, McKennan Park
A federal judge has dismissed part of a lawsuit filed by a couple who had to tear down their Sioux Falls house after a long-running dispute with their neighbors.
Judge Roberto Lange recently granted Liberty Mutual's motion to dismiss the allegations that the insurance company provided an inadequate legal defense for Joseph and Sarah Sapienza.
The couple accused the company of failing to pay for certain legal strategies, such as hiring an expert witness.
Lange gave the couple two weeks to show why he shouldn't dismiss their claim against Liberty Mutual.
The Sapienzas tore down their Sioux Falls house last June after being sued by their neighbors in 2015. The neighbors argued the home was too tall and close to their property.
A Sioux Falls homeowner will need to make some modifications to their McKennan Park home in the near future.
After hearing the case of Joseph and Sarah Sapienza the South Dakota Supreme Court has ruled the home needs to be brought in compliance with historic district and city regulations.
A suit was filed by neighbors in 2015 siting the home stands too close to their next door neighbors and that it was too tall.
The case will be sent back to the circuit court in 20 days for a judge to determine when changes need to be made.