Hay v. Board of Com'rs for Grant County

KONENKAMP, Justice.

[¶ 1.] A zoning and planning commission, acting as a board of adjustment, granted a permit for the expansion of a dairy operation. Aggrieved by the decision, two taxpayers appealed to the county commissioners. The commissioners declined to hear the appeal, ruling that they lacked jurisdiction to review a decision of the board of adjustment. The taxpayers then petitioned the circuit court for a writ of mandamus requiring the commissioners to act. In denying the writ, the court ruled that the planning and zoning commission was properly sitting as a board of adjustment, and…