Schrank v. Pennington County Board of Commissioners

[¶ 30.] I dissent from the majority’s decision that the trial court did not err in refusing to dismiss the appeal for failure to personally serve Alexander.

[¶ 31.] On August 1, 1996, the conditional use permit granted to Alexander was published. Schrank, on August 2,1996, appealed this decision to circuit court. Service of the appeal was made on one of the members of the board of county commissions on August 2,1996. No notice of appeal was ever served on Alexander. I repeat, no notice of appeal was ever served on Alexander.

[¶ 32.] On September 4, 1996, which was past the twenty-day limit for…