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COLE v. BOARD OF ADJ. OF CITY OF HURON

No. 21210.

616 N.W.2d 483 (2000)

2000 SD 119

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.

Reassigned July 11, 2000.

Decided August 30, 2000.

Attorney(s) appearing for the Case

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

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

GILBERTSON, Justice (on reassignment).

[¶ 1.] The Huron Board of Adjustment (Board) granted a variance to Casey's General Stores, Inc, Floyd Peterson and Anthony Stahl (Casey's). Chris W. Cole, an adjoining property owner, was granted a writ of certiorari by the circuit court. The circuit court reversed and Casey's appeals. We reverse.

FACTS AND PROCEDURE

[¶ 2.] This is the second appeal for these parties. The basic facts underlying this...

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