In Re the Conditional Use Permit Denied to Meier
South Dakota Supreme Court
1Opinion of the Court
*524JOHNS, Circuit Judge
[¶ 1.] Mark Meier (Meier) appeals a circuit court judgment affirming the actions of the Aurora County Board of Commissioners, sitting as the Board of Adjustment (Board), in denying his application for a conditional use permit. By notice of review the Board challenges the constitutionality of SDCL 7-8-30. We affirm in part, reverse in part and remand.
STATEMENT OF FACTS
[¶ 2.] In December 1997, Aurora County farmer Mark Meier applied to the Board for a conditional use permit allowing the construction of two hog confinement facilities housing approximately 6,600 pigs. The…
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