Judge won't revoke Wholestone butcher shop permits despite questions of legality

Trial likely to occur after election if ballot question passes

Smart Growth Sioux Falls attorney Brendan Johnson addresses reporters Wednesday at the Minnehaha County Courthouse. (Joe Sneve / The Dakota Scout)

A trial will be necessary to determine if a Minnehaha County Court can revoke building permits related to a butcher shop in northeast Sioux Falls.

Judge Sandra Hoglund Hanson last week ruled that the city of Sioux Falls violated election law when it authorized seven permits related to the construction of an 1,800-square-foot facility being built by Wholestone Farms LLC in northeast Sioux Falls due to a pending ballot question that will determine if new slaughterhouses can open inside city limits. But because the seven permits needed for the project already have been issued, she said she has no swift means to force the city to invalidate them.

“I think a much fuller record would be necessary to grant a mandatory injunctive relief to undo the issuance of (building permits),” Hoglund Hanson said, noting courts often “can’t undo a wrongdoing” based on precedent.

PREVIOUSLY: Judge says city shouldn't have issued Wholestone permits