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IN RE APPROVAL OF FRAWLEY DEVELOPMENT

No. 21783.

638 N.W.2d 552 (2001)

2002 SD 2

In the Matter of APPROVAL OF REQUEST FOR AMENDMENT TO FRAWLEY PLANNED UNIT DEVELOPMENT.

Supreme Court of South Dakota.

Decided January 2, 2002.

Attorney(s) appearing for the Case

Brad P. Gordon of Fuller, Tellinghuisen, Gordon & Percy, P.C. Spearfish, South

Dakota, Attorneys for appellee Frawley Ranches, Inc.

Reed C. Richards of Richards and Richards, Deadwood, South Dakota, Attorneys for appellants Robert & Gen Harlan.

GILBERTSON, Chief Justice.

[¶ 1.] Frawley Ranches (Developer) was granted approval in 1992 for a Planned Unit Development (PUD) spanning 2,873.79 acres in Lawrence County, South Dakota. While the PUD could potentially contain seventy-one home sites, Developer platted only eight. Robert and Gen Harlan (Harlan) purchased one of the original eight sites in 1993. On June 21, 2000, Developer applied for and received permission to amend the PUD, adding sixteen new...

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