The Court has subject matter jurisdiction to hear this matter because it is an appeal of a state of South Dakota and the US Constitution protected rights and is an issue of denial of a "legitimate review" of governmental actions by the defendant city against appellant and other citizens of Sioux Falls.

Appellant alleges this matter rises to the level of a constitutional violation of "due process' in as much as it does not "afford Appellant a fully constitutional judicial mechanism" with which to challenge the administrative decision" in question.

The Defendant City maintains a system that deliberately and knowingly denies and has been made aware of and continues to deny Appellant and other citizens of Sioux Falls an appeal or adequate review mechanism required and guaranteed by the South Dakota and US constitutions.

No change in state law or city ordinance is necessary for this court to have jurisdiction over the issue of denial of rights protected by the South Dakota and US Constitution.

Appellant maintains that all actions by the city while knowingly denying constitutionally protected review access of their actions by Appellant and other citizens affected should be declared null and void and the defendant city ordered to provide such access forthwith.

DEFENDANTS BRIEF IN SUPPORT OF MOTION TO DISMISS IS NOTHING BUT A SMOKE SCREEN

Defendants brief is a smoke screen of page after page of legal gobly gook on how they have cleverly nullified constitutional requirements with legal technicalities on voiding legitimate appeals of their actions.

A distraction from the real issue, are constitutional rights and protections of review of abuses by the government in affect in Sioux Falls, or has clever legal technicalities neutered these guarantees.

Both Constitutions were written, not to protect citizens from each other but to protect citizens from abuses by governments. Here defendants have worked out a system to avoid any review of their actions taken against citizens.

DEFENDANTS IN THEIR BRIEF CLAIM THEIR "DENY RIGHTS" SYSTEM, IS WORKING, HAS BEEN WORKING AND WILL CONTINUE TO WORK.

Appellant maintains their "administrative hearings are a sham and their offering appeals to the Circuit Court and then when filed go after them in successfully getting them squashed as soon as filed, is a governmental FRAUD at best.

The City Action Here Is A House Of Cards Built On Fraud.

The city administrative hearing officer at the hearing being appealed here, advises of the right to appeal their adverse decision to the Circuit Court.

The ordinance itself promises a "suggested right" to such an appeal. The city also puts in writing the promise that the citizen involved in the administrative hearing has the option to appeal the Administrative hearing officers ruling to the Circuit Court.

On the strength of these many promises, the citizen then files with the circuit court and pays out of his pocket the monetary fee for an "appeal" of this matter gravely affecting him, with the circuit court.

Normally, in this writers experience when doing an appeal the previous decision and fines etc are put on hold until the appeals court rules on the validity of the matter invalidity of the fines in question.

In this case the city attorney asks the hearing officer to rule, "the fine must be paid immediately" and is not subject to the appeal delay, which request the hearing officer, who is in the city prosecutors employment, immediately complies by so ruling.

Appellant on filing the appeal then, as is usual procedure on appeal, orders a transcript of the administrative hearing on the phone from the city attorney office and is told the request for a transcript must be "in writing".   A written request is filed.

After weeks of delay, an audio tape of the hearing appears, with no explanation. Obviously the city attorney already "knows" there never has been one of these hearings happen and that there is not going to be one here, therefore there is "no need" for a genuine text transcript.

The appellant then invests time and money on developing and preparing his appeal, of great concern to him, and all the time "believing in the judicial system," and that he has a "fair shake finally" appeal scheduled.

At the last minute the city attorney then files a motion with the Circuit Court to have the scheduled appeal thrown out forever on the grounds the Circuit Court has never been given jurisdiction by the city ordinance to hear appeals of these matters.

This is not something that just came out, this ruse has been going on for years.

This is outright fraud perpetuated by the city attorney, and the fully aware of this city administration itself on unsuspecting citizens trusting in their "local" government officials,

This court is the citizen of Sioux Falls only access to a remedy of a government run amuck.

"The city has been knowingly, and for a long time, fraudulently guaranteeing a right to appeal that they knew all along does not now and by the way they themselves purposely set it up, has NEVER existed.

FURTHER ARROGANCE AND DISPLAY OF HOW DEFENDANTS CONSIDER CITIZENS "POWERLESS".

The day the City received appellants notice of appeal, filed here, the City issued appellant a new additional $200. fine. Apparently open "punishment" for taking the appeal route and putting them to all the "trouble".

Appellant then contacted the issuing agent and asked why, when this matter was under appeal of the City action, why they issue another fine. The response was the City Attorney "told him to do so".

Therefore this was not an accidental slip, this was deliberate evidence the City considers this appeal already null and void and that they are going on with their harassment program unabated.

Last Friday a city employee is again caught prowling the property and taking photographs indicating they are proceeding with additional action against appellant during the appeal.

THIS IS AN APPEAL OF CITY ARROGANT VIOLATION OF CITIZEN PROTECTED CONSTITUTIONAL RIGHTS

This court is sworn to uphold not only South Dakota Constitutional Rights and protections, the court is sworn to uphold US Constitutional rights.

As the ultimate enforcer and maintainer of these rights it has jurisdiction to rule on all governmental actions that arrogantly, openly and continually violate citizen plainly spelled out rights amply demonstrated as being violated here.

Appellant hereby requests that this matter of open city actions violating these rights, be declared an unconstitutional violations of protected rights and null and void. That the Defendant city has had more then ample time to correct, has done nothing, has demonstrated they plan to continue and are daily using this tactic in violating citizen right of review of such governmental actions.

Have been made fully aware of such actions and have done nothing to correct it.

WHY THIS ACTION MUST BE ALLOWED TO PROCEED AND ACTION SOUGHT

Appellant requests the court to order the defendant to make a full legitimate appeal available, to the circuit court, of city actions, not just a "judicial review" on mere legal technicalities of their sham administrative hearings.

Appellant asks the court to hereby nullify all such previous actions, fines returned and restrain further actions until an independent full court review method that meets constitutional muster has been implemented and made fully operable by the Defendants.