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JENSEN v. TURNER COUNTY BOARD OF ADJUSTMENT

No. 24134.

730 N.W.2d 411 (2007)

2007 SD 28

Jace JENSEN, Petitioner and Appellant, v. TURNER COUNTY BOARD OF ADJUSTMENT, Jerry Graber, Ken Plucker, Jr., Ralph Duxbury, Richard Lounsbery, and Ryan Wieman, Respondents and Appellees, and ET Farms, Ltd., Intervenor.

Supreme Court of South Dakota.

Decided March 14, 2007.

Rehearing Denied April 17, 2007.

Attorney(s) appearing for the Case

Jack Der Hagopian, James G. Abourezk of Abourezk Law Offices, Sioux Falls, SD, Attorneys for petitioner and appellant.

Tiffani Landeen-Hoeke, Turner County State's Attorney, Parker, SD, Attorney for appellee.

Brian Donahoe, Meredith Moore of Cutler & Donahoe, L.L.P., Sioux Falls, SD, Attorneys for intervenor ET Farms, Ltd.

ZINTER, Justice

[¶ 1.] Jace Jensen appeals a decision of the Turner County Board of Adjustment (Board) granting a conditional use permit for a hog confinement facility. Jensen contends that the Board vote was illegal because less than two-thirds of the members of the Board voted to approve the permit. We agree and reverse.

Facts and Procedural History

[¶ 2.] The Board consisted of five members plus one alternate. See SDCL 11-2-50...

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