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WELSH v. CENTERVILLE TP.

No. 20593.

595 N.W.2d 622 (1999)

1999 SD 73

Jeremiah WELSH, Plaintiff and Appellee, v. CENTERVILLE TOWNSHIP, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 23, 1999.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Danforth, Meierhenry & Meierhenry, Sioux Falls, for plaintiff and appellee.

James G. Abourezk, Sioux Falls, for defendant and appellant.

John H. Davidson, Vermillion, for Amicus Curiae SD Ass'n of Towns and Townships.

Jerome B. Lammers, Lammers, Lammers & Kleibacker, Madison, for Amicus Curiae South Dakota Pork Producers.

GILBERTSON, Justice

[¶ 1.] Landowner brought suit to enjoin Township from enforcing a Township ordinance designed to regulate the construction of commercial feedlots within the Township. Both parties filed cross motions for summary judgment. The circuit court, First Judicial Circuit, granted the landowner's motion for summary judgment finding the Township did not have, pursuant to its general authorization under SDCL 8-2-1(4), the power to zone. The trial court...

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