Abata v. Pennington Cnty. Bd. of Commissioners

[¶1.] Duane Abata, Donald Burger, and Barrett Wendt (collectively the Citizens) brought a declaratory judgment action challenging the validity of a zoning ordinance amendment passed by the Pennington County Board of Commissioners (Board). The parties filed cross-motions for summary judgment. The circuit court granted the Citizens' motion, finding the ordinance void for lack of compliance with statutory notice requirements. The Board appeals. We affirm.1

Facts and Procedural History

[¶2.] In April 2016, the Board passed a moratorium on construction permits for alternative energy and mining…