Woodruff v. Meade County Board of Commissioners

The issue is:

Whether the trial court erred in determining that the Board abused its discretion in denying Woodruff’s applications for malt beverage licenses in 1992 and 1993.

SDCL 7-8-27 provides that “[f]rom all decisions of the board of county commissioners upon matters properly before it, there may be an appeal to the circuit court by any person aggrieved[.]” The appeal shall be “heard and determined de novo.” SDCL 7-8-30.

Thus, the circuit court should determine anew the question ... independent of the county commissioners’ decision. The court exercises independent judgment. This means that…