COLE v. BOARD OF ADJUSTMENT OF HURON

No. 20583.

592 N.W.2d 175 (1999)

1999 SD 54

Chris W. COLE, Petitioner and Appellee, v. BOARD OF ADJUSTMENT OF the CITY OF HURON (the City Commission acting thereas), Defendant, and Casey's General Stores, Inc., Intervenor and Appellant.

Supreme Court of South Dakota.

Decided April 28, 1999.


Attorney(s) appearing for the Case

Todd D. Wilkinson and Gary W. Schumacher of Wilkinson & Wilkinson, DeSmet, South Dakota, Attorneys for petitioner and appellee.

Rodney Freeman, Jr. and Jeff Burns of Churchill, Manolis, Freeman, Kludt, & Shelton, Huron, South Dakota, Attorneys for intervenor and appellant.


GILBERTSON, Justice.

[¶ 1.] Landowner applied for and received a writ of certiorari contesting the grant of a variance by the Board of Adjustment for the City of Huron. The trial court found the Board's grant of a variance was not done in compliance with the City's zoning ordinances and reversed. We reverse and remand to the trial court with instructions to reconsider this case applying the appropriate standard of...

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