Welsh v. Centerville Township

[¶ 1.] Landowner brought suit to enjoin Township from enforcing a Township ordinance designed to regulate the construction of commercial feedlots within the Township. Both parties filed cross motions for summary judgment. The circuit court, First Judicial Circuit, granted the landowner’s motion for summary judgment finding the Township did not have, pursuant to its general authorization under SDCL 8 — 2—1(4), the power to zone. The trial court also found the ordinance passed by the Township was void and of no effect upon the landowner. The Township appeals. Based on the facts of this case, we…