Elliott v. Board of County Commissioners

MEIERHENRY, Justice.

[¶ 1.] This appeal is from the trial court’s review of the decision of the Lake County Board of Commissioners to deny a building permit application for a hog confinement facility. The trial court affirmed the denial. Because we question whether the trial court had jurisdiction, we remand to the trial court.

Facts and Procedural Background

[¶ 2.] In early 2001, Benjamin Elliott began plans to construct and operate a hog farrowing facility on his property in Lake County, South Dakota. Lake County Zoning Ordinances required a conditional use permit for all concentrated animal…