NEWS

McKennan Park home dispute up to judge, now

Jonathan Ellis
jonellis@argusleader.com
The Sapienza, left, and the McDowell homes in the McKennan Park neighborhood are shown June 27. The McDowells, are asking a judge to force the Sapienzas to bring the home into compliance with city code.

For a few brief moments, the fate of a new home across the street from McKennan Park was in a judge’s hands.

Steve Johnson, a lawyer representing Barbara and Pierce McDowell, had asked Judge John Pekas to rule that the home belonging to the McDowells’ neighbors was clearly violating height and setback rules. Either the home needed to come into compliance with those rules, Johnson said, or else.

“If it can’t be brought into compliance,” he said, “then it has to be removed.”

Pekas declined to rule in favor of Johnson. For now.

The trial in a lawsuit brought by the McDowells against Josh and Sarah Sapienza concluded Thursday afternoon. Both sides, as well as the city of Sioux Falls, which is also a party to the lawsuit, are expected to file closing briefs later this summer.

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Then it will be up to Pekas, a former county commissioner and one of the newest judges on the bench.

The three-day trial highlighted the intense acrimony between the neighbors. Pierce McDowell testified Wednesday that he hasn’t been able to finish an addition to his home because the Sapienzas won’t allow a contractor on their property to access the addition. He said the Sapienzas placed surveillance cameras along their shared property line and threatened to have him arrested if he crossed the line while watering trees.

Josh Sapienza said Thursday that the McDowells began threatening to sue him “long before we even started building.”

The case hinges on whether the Sapienzas’ home violates standards that govern new homes in historic districts. The McKennan Park Historic District is on the National Register of Historic Places, and with that designation comes additional standards above and beyond city building requirements.

Johnson said Thursday that the home is almost 9 feet higher than a formula used to determine height for new construction in historic districts. As evidence in the trial, Johnson produced 11 mandates for construction in historic districts. The height formula was one of the 11.

But it’s unclear who in Sioux Falls was aware of the rules, which are in addition to the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties. Dixie Hieb, a member of the Sioux Falls Board of Historic Preservation, which approved the Sapienzas’ home, said she did not recall ever seeing the rules.

“I don’t thing the board was even aware of those,” she said.

Besides the height issue, the new home was built close enough to the McDowells’ that they are no longer legally allowed to use their wood-burning fireplace. Johnson said it was not the fault of the McDowells that the home was built too close.

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When he took the stand Thursday morning, Josh Sapienza said he had relied on the board, the city, his builder and his architect to ensure the home met all building requirements. Sapienza said he had no knowledge about building codes or historic district standards, which was why he hired professionals and relied on city inspectors to make sure everything was right.

During questioning from his attorney, Dick Travis, Sapienza said the city frequently had inspectors at the building site, and that he trusted the professionals he hired. When Travis asked Sapienza to reflect on what more Sapienza could have done to ensure the home complied, he replied:

“I have no idea. What more could we have done?”

“Correct,” Travis said.

“I don’t know,” Sapienza replied. “I thought we did everything we were supposed to do.”

Johnson later asked if Sapienza intends to sue the city or any of the professionals associated with the project if he suffers damages in the current lawsuit.

“That would be something we would have to discuss with our legal counsel,” Sapienza replied.

Prior to testimony beginning Thursday, Travis asked Judge John Pekas to dismiss allegations that the Sapienzas violated certain city codes. Bill Garry, who is representing the city, asked that the city be dismissed from the lawsuit. Pekas declined both motions.

Follow Johnathan Ellis on Twitter @argusjellis.