Legal Opinion

Lake Hendricks Improvement Ass'n v. Brookings County Planning & Zoning Commission

South Dakota Supreme Court

Decided June 28, 2016No. 27598PublishedCited by 11 opinions

1Opinion of the Court

WILBUR, Justice.

[¶ 1.] Petitioners sought to reverse a county board of adjustment’s 2014 decision to grant Developer a conditional use permit for a concentrated animal feeding operation. Petitioners alleged that the board did not have jurisdiction to grant the permit because the county failed to -validly enact an ordinance authorizing the board to issue permits. The circuit court refused to consider whether the county validly enacted the ordinance. In the court’s view, such review would be outside the scope of Petitioners’ writ challenging the board’s decision. Petitioners further asserted…

2Cases cited25 opinions

  1. Osborn v. MarrTennessee Supreme Court · 2004
  2. Faircloth v. Raven Industries, Inc.South Dakota Supreme Court · 2000
  3. In Re ESTATE OF Raymond L. SMALLMANTennessee Supreme Court · 2013
  4. Agar School District 58-1 Board of Education v. McGeeSouth Dakota Supreme Court · 1995
  5. Cable v. UNION COUNTY BOARD OF COUNTY COMMISSIONERSSouth Dakota Supreme Court · 2009

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3Cited by11 opinions

  1. Wedel v. Beadle County CommissionSouth Dakota Supreme Court · 2016
  2. Ehlebracht v. Deuel Cnty. Pln. Comm'n and Crowned Ridge Wind II, LLCSouth Dakota Supreme Court · 2022
  3. Huber v. Hanson Cty. Planning Comm'n.South Dakota Supreme Court · 2019
  4. Powers v. Turner Cnty.South Dakota Supreme Court · 2020
  5. Powers v. Turner County Board of AdjustmentSouth Dakota Supreme Court · 2022

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