SCHRANK v. PENNINGTON COUNTY BD.

Nos. 20244, 20269.

584 N.W.2d 680 (1998)

1998 SD 108

Garry SCHRANK, Appellee, v. PENNINGTON COUNTY BOARD OF COMMISSIONERS, Appellant, and Alexander Drilling, Appellant.

Supreme Court of South Dakota.

Reassigned July 30, 1998.

Decided September 30, 1998.

Rehearing Denied October 29, 1998.


Attorney(s) appearing for the Case

Terry L. Hofer of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellee.

Ronald D. Buskerud, Pennington County Deputy State's Attorney, Rapid City, for appellant Pennington County Board of Commissioners.

Dennis H. Hill of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for appellant Alexander Drilling.


MILLER, Chief Justice (on reassignment).

[¶ 1.] In this appeal we affirm the circuit court's reversal of the county's granting of a conditional use permit to a drilling company.

FACTS

[¶ 2.] Alexander Drilling and Garry Schrank are neighbors in an area of Hill City zoned "Highway Service" under the Pennington County Zoning Ordinance. Schrank operates a campground. Alexander, who owns a fourteen-acre parcel of land, operates a drilling service...

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