Historic Society asks to weigh in on McKennan house dispute

The South Dakota State Historical Society is asking the state Supreme Court for permission to file a brief in the dispute over a new home built in the historic McKennan Park neighborhood in Sioux Falls.

The society, through its attorney, Assistant Attorney General Paul Swedlund, submitted a motion for leave to file an amicus curiae brief with the court. Such briefs are meant to convey expert information to judges.

“The society views this case as a potential landmark in defining the contours of South Dakota’s historic preservation laws and their implementation in the state,” Swedlund’s motion says.

“The society believes that its expertise in the field of historic preservation will assist the court in its review and understanding of this specialized realm of law.”

Circuit Court Judge John Pekas ruled in December that a home built by Joseph and Sarah Sapienza violated historic requirements in the McKennan Park Historic District by being too high and too large compared to surrounding properties. The decision came after Pierce and Barbara McDowell filed suit against the Sapienzas in 2015 after the new home was built so close that the McDowells were ordered by the city to stop using a wood burning fireplace.

Pekas also ruled that the city of Sioux Falls may have been negligent when it approved the home without applying federal standards for historic districts.

“The house undermines the entire historic district,” Pekas wrote. “A monetary award would not remedy this and the Sapienzas ought to conform their residence or rebuild their residence.”

The Sapienzas appealed Pekas’ decision to the South Dakota Supreme Court earlier this year.

Jay Vogt, the director of the society’s Cultural Heritage Center, said the society’s board voted this spring to weigh in on the case.

“We see it as an opportunity to promote good local government policy that supports historic preservation,” Vogt said.

A decision on the society’s motion is pending.