CONDITIONAL USE PERMIT GRANTED TO VAN ZANTEN

Nos. 20596, 20632.

598 N.W.2d 861 (1999)

1999 SD 79

In the Matter of the CONDITIONAL USE PERMIT GRANTED TO Greg VAN ZANTEN for Expansion of An Animal Confinement Operation On Property Located In section 36, Township 105, Range 52, Lake County, South Dakota.

Supreme Court of South Dakota.

Decided June 30, 1999.


Attorney(s) appearing for the Case

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for appellant Van Zanten.

Chris S. Giles, Lake County State's Atty., Madison, for appellee Lake County.

Tim R. Shattuck and Elizabeth A. Lewis of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellees Anthony and Brenda Miller.


AMUNDSON, Justice.

[¶ 1.] Greg and Bev Van Zanten appeal from the circuit court's decision denying a conditional use permit to construct a hog-finishing unit. We reverse and remand for proceedings consistent with this decision.

FACTS

[¶ 2.] In the summer of 1997, Van Zantens applied to the Lake County Board of Commissioners (County) for a conditional use permit to construct a hog-finishing unit. The building was to house 1,000 to 1,100...

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