A Minnehaha County judge has ruled in favor of a McKennan Park family in a lawsuit over a house built just feet away from their home. Tuesday, Circuit Judge John Pekas ruled that owners Joseph and Sarah Sapienza will have to bring their home into compliance with requirements for new construction in a historic district or rebuild.

In May of 2015, Pierce and Barbara McDowell sued the Sapienzas and the City of Sioux Falls saying the house was too tall and so close to their home they could not use their wood fireplace anymore.

The City of Sioux Falls is also a defendant in the lawsuit. Judge Pekas ruled that the Sapienzas did not have enough evidence to support their claims. However, Pekas did say the family could pursue other legal action.