Cole v. BOARD OF ADJ. OF CITY OF HURON

[¶ 21.] 1. THE CIRCUIT COURT APPLIED THE PROPER STANDARD OF REVIEW IN DETERMINING THAT THE BOARD’S GRANT OF THE VARIANCE WAS ILLEGAL.

[¶ 22.] I disagree with the majority opinion’s determination that the circuit court reviewed the Board’s record de novo, “thereby substituting its discretion for that of the Board.”

[¶ 23.] As we stated in the prior appeal, “the only question presented on certiorari is whether the lower tribunal exceeded its jurisdiction.” Cole v. Bd. of Adj., City of Huron, 1999 SD 54, ¶ 10, 592 N.W.2d 175, 176 (citations omitted). Thus, the circuit court’s review is “confined…