In Re the Conditional Use Permit Denied to Meier
South Dakota Supreme Court
1DissentGilbertson, Justice
[¶ 27.] I would affirm the Board’s decision to deny Meier the conditional use permit and thus affirm the trial court. I would not remand for further proceedings before the Board as I see no reason to march the troops up the hill to again march them down. Proeedurally Meier was allowed to present his evidence in full as to why the circuit court should reverse the Board. Meier failed in his attempt and the trial court granted a directed verdict against him at the close of his case. *531To now remand for the remainder of the trial does no more than require the County to put on its evidence in a case…
2Cases cited7 opinions
- Poppen v. WalkerSouth Dakota Supreme Court · 1994
- Friese v. GulbrandsonSouth Dakota Supreme Court · 1943
- Coyote Flats, L.L.C. v. Sanborn County CommissionSouth Dakota Supreme Court · 1999
- Breckweg v. KnochenmusSouth Dakota Supreme Court · 1965
- Schrank v. Pennington County Board of CommissionersSouth Dakota Supreme Court · 1998
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