Upell v. Dewey County Commission

KERN, Justice.

[¶ 1.] The Dewey County Commission (the Commission) granted an application to erect a power distribution line in a section line right-of-way bordering Margaret Upell’s property. She appealed to the circuit court which dismissed her appeal for lack of jurisdiction. She now appeals to this Court. We affirm.

Facts and Procedural History

[¶ 2.] Moreau-Grand Electric Cooperative, Inc. (Coop) filed an application with the Commission in December 2014 to erect and maintain a distribution line in a section line right-of-way. The application was filed pursuant to SDCL 31-26-1, which…