Legal Opinion
Jensen v. TURNER COUNTY BOARD OF ADJUSTMENT
South Dakota Supreme Court
Decided March 14, 2007No. 24134PublishedCited by 25 opinions
1Opinion of the CourtZinter, Justice
[¶ 1.] Jace Jensen appeals a decision of the Turner County Board of Adjustment (Board) granting a conditional use permit for a hog confinement facility. Jensen contends that the Board vote was illegal because less than two-thirds of the members of the Board voted to approve the permit. We agree and reverse.
Facts and Procedural History
[¶ 2.] The Board consisted of five members plus one alternate. See SDCL 11-2-50. 1 Two members did not cast affirmative or negative votes on the permit. The record is inadequate to determine precisely why they did not vote. 2 The briefs indicate that the acting…
2Cases cited20 opinions
- Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
- Peterson, Ex Rel. Peterson v. BurnsSouth Dakota Supreme Court · 2001
- Maynard v. HeerenSouth Dakota Supreme Court · 1997
- Northwestern Bell Telephone Co. v. Board of CommissionersNorth Dakota Supreme Court · 1973
- City of Haven v. GreggSupreme Court of Kansas · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Discover Bank v. StanleySouth Dakota Supreme Court · 2008
- Armstrong v. Turner County Board of AdjustmentSouth Dakota Supreme Court · 2009
- Rowley v. South Dakota Board of Pardons & ParolesSouth Dakota Supreme Court · 2013
- Dakota Plains AG Center, LLC v. SmitheySouth Dakota Supreme Court · 2009
- State v. Long SoldierSouth Dakota Supreme Court · 2023
20 more not listed; retrieve them via the Exa API.