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PETERS v. SPEARFISH ETJ PLANNING COM'N

No. 19879.

567 N.W.2d 880 (1997)

1997 SD 105

John S. PETERS, Jerry J. Boyer, John H. Esling Trust, People for Responsible and Orderly Development of Lawrence County, Petitioners and Appellees, v. SPEARFISH ETJ PLANNING COMMISSION, Spearfish City Council and the Lawrence County Board of Commissioners, Appellees, and Spring Creek Ranch, LLC., and Landmark Realty and Development Co., Appellants.

Supreme Court of South Dakota.

Decided August 20, 1997.

Attorney(s) appearing for the Case

Reed C. Richards of Richards and Richards, Deadwood, for appellees Peters, Boyer, Elsing Trust.

Thomas E. Brady, Spearfish, for appellants.

MILLER, Chief Justice.

[¶ 1.] Landmark Realty and Development Company (Landmark) and Spring Creek Ranch appeal the trial court's construction of a zoning ordinance and its decision that the Spearfish ETJ Planning Commission (Commission), the Spearfish City Council (City) and the Lawrence County Board of Commissioners (County) exceeded their authority and jurisdiction by approving a proposed planned unit development near Spearfish, South Dakota. We affirm.

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