Tisdel v. Beadle County Board of Commissioners

AMUNDSON, Justice.

[¶ 1.] John and Peggy Tisdel (Tisdels) were denied a variance from a setback ordinance by the Beadle County Board of Commissioners (Commission). Tisdels appealed the Commission’s decision to the Third Judicial Circuit Court, which held the decision of the Commission was not arbitrary and capricious. Tisdels appeal the circuit court’s decision. We affirm.

FACTS

[¶ 2.] Tisdels own a cabin on Lake Byron in Beadle, South Dakota. They re ceived a permit to build a deck onto their cabin in May of 1998. Tisdels then enclosed the deck, which was later determined to violate Section…