Landowner members of “Save Our Neighborhood” sought to invalidate an annexation resolution adopted by the City of Sioux Falls under SDCL 9–4–1, annexing property to be developed for a Walmart store. The land was unplatted and zoned for agricultural use. Its owner voluntarily petitioned for its annexation to Sioux Falls. Save Our Neighborhood asserted that SDCL 9–4–5 required the City to obtain approval from the Lincoln County Board of County Commissioners before legally adopting a resolution to annex unplatted agricultural land.
The Supreme Court of South Dakota held that the Legislature did not intend SDCL 9–4–5 to apply to a resolution adopted for a voluntary petition for annexation under SDCL 9–4–1.