Legal Opinion

High Plains Resources, LLC v. Fall River County Board of Commissioners

South Dakota Supreme Court

Decided December 9, 2015No. 27293PublishedCited by 1 opinion

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] High Plains sought a writ of pro-, hibition. It alleged, that the Fall River County Board of Commissioners (Board), acted outside its authority by rescinding Resolution 2014-09, .which approved-High Plains’ proposed petroleum contaminated soil'farm. Further, it alleged that a referral of. a similar, subsequently enacted Resolution 2014-16 would be of no legal effect. The circuit court agreed and found that High Plains did not have a plain, speedy, and adequate remedy in the course of law. Therefore, it issued a writ setting aside the rescission of Resolution 2014-09…

2Cases cited6 opinions

  1. South Dakota Board of Regents v. HeegeSouth Dakota Supreme Court · 1988
  2. H & W Contracting, LLC v. City of WatertownSouth Dakota Supreme Court · 2001
  3. McElhaney v. AndersonSouth Dakota Supreme Court · 1999
  4. Apa v. ButlerSouth Dakota Supreme Court · 2001
  5. Walker v. Bd. of County Com'rs of BruleSouth Dakota Supreme Court · 1983

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3Cited by1 opinion

  1. Huber v. Hanson Cty. Planning Comm'n.South Dakota Supreme Court · 2019

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