IN RE CONDITIONAL USE PERMIT DENIED TO MEIER

Nos. 20924, 20950.

613 N.W.2d 523 (2000)

2000 SD 80

In the Matter of the CONDITIONAL USE PERMIT DENIED TO Mark MEIER for Construction of an Animal Confinement Operation on Property Located in Southwest Quarter of Section 7 and the Southwest Quarter of Section 18, Township 104 North, Range 64 West, Aurora County, South Dakota.

Supreme Court of South Dakota.

Decided June 21, 2000.


Attorney(s) appearing for the Case

Tim R. Shattuck and Elizabeth A. Lewis of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellant Mark Meier.

Thomas H. Harmon of Tieszen Law Office, Pierre, for appellee Aurora County.


JOHNS, Circuit Judge

[¶ 1.] Mark Meier (Meier) appeals a circuit court judgment affirming the actions of the Aurora County Board of Commissioners, sitting as the Board of Adjustment (Board), in denying his application for a conditional use permit. By notice of review the Board challenges the constitutionality of SDCL 7-8-30. We affirm in part, reverse in part and remand.

STATEMENT OF FACTS

[¶...

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