How would you react if you built your ideal home, approved by local zoning laws, only to face a lawsuit from your next-door neighbors demanding its demolition? Imagine residing in a historic district and having new neighbors construct a massive house just seven feet away, obstructing your sunlight. This is the situation unfolding in a neighborhood in South Dakota.
A judge has ordered Ethan and Lisa McCarthy to either reconstruct or relocate their four-bedroom residence after it was determined that their home violates the historic regulations of the McKennan Park Historic District. The McCarthys are being sued by their neighbors, Tom and Rachel Fields, whose home is frustratingly close—just seven feet away from the McCarthy’s property. The Fields argue that the new construction blocks their natural light and, as a result, a fire inspector has prohibited them from using their fireplace, which is now too close to the McCarthy’s home.
Judge Samuel Hargrove stated that the McCarthys had indeed breached the historic requirements and disrupted the neighborhood’s character. The ruling came six months after the case was presented in court and one year into the ongoing conflict. According to the judge, the Fields have experienced a significant loss in property value due to the McCarthys’ home, but he noted, “Monetary compensation will not resolve this issue; the McCarthys must align their residence with the community standards.” The options left for the McCarthys include relocating their house, reducing its height by eight feet, or demolishing it entirely.
The tension between the McCarthys and the Fields is not a new development. During construction, the Fields issued a cease-and-desist letter threatening legal action if the building continued—a warning that the McCarthys chose to disregard. “They proceeded with construction without considering the impact on their neighbors,” remarked the Fields’ attorney, Mark Johnson. While the McCarthys’ legal representative declined to comment, Johnson expressed satisfaction with the ruling, asserting that it upholds zoning laws and historic standards that protect homeowners in Sioux Falls.
Interestingly, while the plans for the McCarthys’ home were approved by the city, it was revealed that the city failed to apply federal guidelines for historic district construction, leading to the judge’s ruling of possible negligence on the city’s part. No determinations have been made regarding potential compensation for this oversight, as city officials have remained tight-lipped on the matter.
Earlier this year, members of the Sioux Falls Board of Historic Preservation admitted during the trial that they were unaware of the existing regulations. The McCarthys do have the option to appeal the ruling, potentially allowing them to remain just seven feet away from their neighbors.
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In summary, the McCarthy couple is embroiled in a legal battle that may force them to tear down their newly built home due to its proximity to their neighbors. This case highlights the complexities of zoning laws and historic district regulations, leaving the couple with tough decisions regarding their property.