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IN RE B.Y. DEVELOPMENT, INC.

No. 21104.

615 N.W.2d 604 (2000)

2000 SD 102

In the Matter of the Application of B.Y. DEVELOPMENT, INC.

Supreme Court of South Dakota.

Decided August 2, 2000.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Michelle K. Percy, Spearfish, South Dakota, Paul J. Bradsky, Rapid City, South Dakota, Attorneys for appellee B.Y. Development, Inc.

Jon W. Mattson, Deadwood, South Dakota, Attorney for City of Deadwood and the Deadwood Historical Preservation Commission.

Mark Barnett, Attorney General, Michele K. Bennett, Diane Best, Assistant Attorneys General, Pierre, South Dakota, Attorneys for appellant South Dakota Department of Education and Cultural Affairs, Office of History.

KONENKAMP, Justice

[¶ 1.] This appeal concerns the proposed construction of a hotel-gaming facility within a historic district in the City of Deadwood, South Dakota. The Deadwood Historic Preservation Commission approved a modified project plan, with alterations suggested by, among others, the Department of Education and Cultural Affairs, Office of History. On appeal before the circuit court, the Office of History contended that although it did have an earlier...

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