Armstrong v. Turner County Board of Adjustment

MEIERHENRY, Justice.

[¶ 1.] Rosemary Armstrong and Al-phie Petersen (Homeowners) appeal the circuit court’s denial of a writ of certiora-ri challenging the Turner County Board of Adjustment (Board)’s approval of a conditional use permit issued to the Vi-borg Cooperative Elevator Association (Elevator). We reverse on the grounds that Homeowners did not receive due process because one of the Board members had a disqualifying interest and should not have participated as a decision maker.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] In 2006, the Elevator sought to construct a commercial grain storage…