VERMILLION, S.D. (AP) — The South Dakota Supreme Court is hearing a dispute between neighbors over the size of a newly constructed house in Sioux Falls.

The lawyer for Josh and Sarah Sapienza says the couple got the necessary permits to build their home, which towers over their neighbors in a federal historic district. The Argus Leader says the Sapienzas are appealing a circuit court decision which said the home violates historic building standards.

Neighbors Pierce and Barbara McDowell sued the Sapienzas after they were told by the city they could no longer use their wood burning fireplace because it was too close to the new home.

The McDowells' attorney, Ron Parsons, says the Sapienzas were told to stop construction as soon as the McDowells were told they could no longer use their fireplace, but they did not.

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