The South Dakota Supreme Court heard arguments in the case of the city of Wall’s dispute with a convenience store chain looking to build a gas station in the West River community.
Love’s Travel Stops and Country Stores Inc.’s request for permit was originally denied in 2021. The company’s attorneys argue some city council members had conflicts of interest with the project because they live near the proposed site.
Love’s looked to the courts to force the council to acknowledge conflict of interest and grant the permit. A lower court found the Wall City Council in civil contempt.
Now the city of Wall is appealing that court action. Verbal arguments were heard on the University of South Dakota campus Thursday during the state Supreme Court’s October hearings.
“This particular appeal is not about whether a truck stop should or should not be built there. It is about whether the city followed what the court instructed it to do,” said Ronald Parsons, attorney for the city of Wall.
“Love’s remains committed to developing a new travel stop in the City of Wall along Interstate 90 and is hopeful that a favorable ruling by the South Dakota Supreme Court will facilitate that development,” said a spokesperson for Love's in a statement.
The Supreme Court’s decision is expected to be released in writing in the upcoming months.
