Lincoln County v. Johnson

MORGAN, Justice.

These actions arise from an attempt by the city of Sioux Falls, Minnehaha County, South Dakota, to locate a sanitary landfill in Delapre Township, Lincoln County, South Dakota, at a site some nine miles southwest of the city without attempting in any manner to comply with or obtain necessary variances or amendments to the Lincoln County Zoning Ordinance or the township bylaw. The Circuit Court of the Second Judicial Circuit, then for Lincoln County, sustained the city’s right and granted summary relief against both the county’s and the township’s restraining orders. We reverse…