By Carleen Wild
Moody County Enterprise
After years of back-and-forth, a long-disputed downtown Flandreau property came down this past week.
On Thursday, the City of Flandreau moved forward with demolition of the building at 221 E. Second Ave., co-owned by local business and property owner Jeff Weigel. The move came after city officials worked to ensure the property was vacated safely and gave Weigel time to remove some of his remaining belongings.
Law enforcement was present as a precaution, as tensions have run high at times and past concerns over safety between parties have been raised. After receiving notice of the scheduled demolition, Weigel stayed close to his property.
The structure — which once years ago housed a portion of the city’s fire station, library and — had fallen into significant disrepair in recent years. Bricks were deteriorating along both the front and rear of the building. Weigel, who has owned the adjoining properties for decades and used them primarily for storage, has said he intended to restore the building for future use but had not yet done so due to other obligations and financial commitments.
Weigel has also maintained the building was not beyond saving, arguing that while the exterior showed wear, the underlying structure remained sound and the brick and facade issues were largely cosmetic. He added that some repairs had been made in recent years, including work to address a leaking roof.
Weigel’s family has also raised concerns about the legal process leading up to the demolition. In a statement shared with the Moody County Enterprise, they allege they were not given a fair opportunity to defend themselves in court, claiming the default judgment allowed the city to move forward without that challenge.
They further state they had no recent contact from the city regarding the building until a demolition notice was posted on the property Feb. 20. According to the family, a petition submitted March 23 in an effort to delay or stop the demolition was dismissed, and they were later notified the same week that the effort would not change the outcome and the structure would be removed.
The family also alleges they were informed only shortly before demolition that it would proceed as scheduled.
In a statement, the city said:
“On March 26, 2026, the City of Flandreau facilitated the demolition of 221 E. 2nd Avenue in accordance with City Code and a valid court order issued by the Third Judicial Circuit.
The Flandreau Police Department was assisted by the Flandreau Santee Sioux Tribe Police Department and the Moody County Sheriff’s Office. The law enforcement presence was precautionary and intended to ensure the safety of the property owners, City staff, the general public, and demolition crews.
The property was first cited for code violations in 2020. Over the past six years, the City has issued ongoing notices and maintained communication with the property owner regarding the condition of the structure. In 2024, following the issuance of a no-occupancy order, the City engaged in extensive discussions with the property owner; however, those efforts did not result in substantive improvements. Due to continued deterioration and findings from subsequent inspections, the City sought a court order in December 2024. A judgment was issued in March 2025. Following that judgment, the property owner was given additional time to remove personal belongings and to demolish the structure independently.
The City of Flandreau considers demolition a last resort. Our goal is always to work with property owners to bring properties into compliance and avoid this outcome whenever possible. However, following six years of notices, demolition proved to be the most prudent solution. At this time, there are 19 properties within Flandreau that have cited violations, all of which are at varying stages within the City’s code enforcement process.”
City Attorney Matt Tysdal added:
“The Court entered default judgment in favor of the City on March 30, 2025. That judgment specifically authorized the City to enter the property to abate the nuisance. Mr. Weigel sought to set the default judgment aside by filing a motion to vacate the judgment on April 7, 2025. The City’s motion to strike Mr. Weigel’s motion to vacate was granted on June 6, 2025. At the hearing on June 6, the court advised Mr. Weigel that because the property was owned by a partnership—a distinct legal entity—he could not represent it in a pro se capacity. Rather, Rudy’s Welding & Machine Shop would need to retain licensed counsel as it is a distinct legal entity that cannot be represented by a non-lawyer.
Despite this admonition, Mr. Weigel never retained counsel, and thus never sought to appeal the Circuit Court’s order to the Supreme Court of South Dakota or sought to bring a valid motion to set the judgment aside.
It should also be noted that state law allows a public body, such as a municipality, to abate a nuisance without a civil action. See SDCL § 21-10-6 (A public nuisance may be abated without civil action by any public body or officer as authorized by law.). Despite the clear authority under state law to act to abate the nuisance, the City of Flandreau opted to bring the civil action in the first instance. Through that proceeding, the City received a judgment specifically authorizing it to abate the nuisance. Mr.eWeigel had more than nine months to seek counsel to attempt to challenge the court’s judgment and did not do so.”
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