Wedel v. Beadle County Commission

KERN, Justice.

[¶ 1.] Petitioners appealed the Beadle County Board of Adjustment’s decision granting a conditional use permit (CUP) to Westside Gilts RE, LLC (Westside). Petitioners argued that the Board lacked authority to issue the permit because the county zoning ordinances (Ordinances), which authorized the Board to grant the permit, were improperly enacted. The cir cuit court agreed, reversing the Board’s decision and declaring the 2011 Ordinances invalid. The Board appeals. We affirm the court’s ruling reversing the Board’s decision to grant the CUP. But we reverse the court’s order…