Cole v. BOARD OF ADJ. OF CITY OF HURON

GILBERTSON, Justice (on reassignment).

[¶ 1.] The Huron Board of Adjustment (Board) granted a variance to Casey’s General Stores, Inc, Floyd Peterson and Anthony Stahl (Casey’s). Chris W. Cole, an adjoining property owner, was granted a writ of certiorari by the circuit court. The circuit court reversed and Casey’s appeals. We reverse.

FACTS AND PROCEDURE

[¶ 2.] This is the second appeal for these parties. The basic facts underlying this appeal are recited in Cole v. Bd. of Adj., City of Huron, 1999 SD 54, 592 N.W.2d 175. The facts necessary for resolution of this appeal follow.

[¶ 3.] On…