A Pennington County judge has dismissed a lawsuit aimed at shutting down the Cornerstone Rescue Mission’s respite care center in Rapid City. Attorney John Dorsey successfully defended the Mission, ensuring the City Council’s approval of the center stands. The ruling affirms the Council’s authority, rejects the citizen group’s claims, and secures critical services for vulnerable residents.
When Cornerstone Rescue Mission purchased the former Big Sky Motel on Tower Road, it sought to convert the property into a respite care group home. The center was designed to provide safe recovery space for individuals too ill or medically fragile for shelter life, but not sick enough to require hospitalization.
This zoning battle quickly became more than a technical land-use issue. It ignited community debate over homelessness, addiction, public safety, and the role of nonprofits in meeting urgent social needs.
We covered the early stages of this case in detail in our recent blog, Attorney John Dorsey Defends Cornerstone in Legal Battle Over Respite Care Center.
On September 19, 2025, Judge Eric Kelderman of the Seventh Judicial Circuit issued a 13-page order that decisively rejected the plaintiffs’ claims.
The group of residents failed to show any injury unique to them. The court emphasized that:
The plaintiffs argued the City Council lacked jurisdiction to overturn the Planning Commission. The court disagreed, citing both South Dakota Codified Laws and the Rapid City Municipal Code, which explicitly allow appeals of CUP denials to the Common Council.
The plaintiffs claimed a two-thirds supermajority was required. The court clarified that:
Result: The lawsuit was dismissed, the request for a permanent injunction was denied, and Cornerstone retains its right to operate the respite care center.
Attorney John Dorsey of Whiting Hagg & Dorsey, PLLC, led Cornerstone’s defense. His strategy focused on grounding the case in both statutory authority and practical community need.
John argued that:
The court’s decision validated this defense, marking a significant legal and community victory.
This decision carries weight far beyond zoning technicalities.
The respite center fills a crucial gap in Rapid City’s continuum of care. By providing a safe environment for individuals recovering from illness, addiction, or trauma, Cornerstone reduces strain on hospitals and shelters while supporting long-term recovery.
The ruling reinforces the City Council’s role as the ultimate appellate body for planning decisions. This clarity prevents future disputes over jurisdiction and ensures a consistent process for conditional use permits.
While some residents voiced concerns, the court confirmed that opposition alone does not amount to a legal injury. The ruling signals that community decisions must be rooted in law, not conjecture.
Beyond Rapid City, this case highlights broader principles in South Dakota land-use law:
These principles will guide future zoning disputes across the state.
The case was front-page news in the Rapid City Journal, reflecting its importance to local residents. Public opinion remains divided, but the ruling provides stability for service providers and clarity for city officials.
Supporters see the decision as a compassionate and pragmatic outcome. Critics remain concerned about neighborhood impacts, but the legal process has affirmed Cornerstone’s right to operate under the law.
With the legal battle resolved, Cornerstone Rescue Mission can focus on its mission:
As John Dorsey told the Rapid City Journal, “It’s a pretty good win for homeless people in Rapid City who need a place to go when the hospital says you’re ready to go home, but you need to be cared for a while.”
The ruling in favor of Cornerstone Rescue Mission underscores the importance of strong legal advocacy, clear municipal authority, and compassion in public policy. Thanks to this court victory, Rapid City retains a vital resource in its fight to provide dignity and care to those who need it most.
