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BAKER v. ATKINSON

No. 21394.

625 N.W.2d 265 (2001)

2001 SD 49

Glenn BAKER, Holly Baker, Paul Baker, Gloria Baker, Andrew G. Ridley, Kimmie D. Ridley, Dave O. Meredith, Patricia R. Meredith, Robert Morcom, Cathy Sulentic Morcom, Robert Harlan, Gen Harlan, Reed C. Richards, Ester M. Richards and the Save Centennial Valley Again Assn., Petitioners and Appellees, v. Connie ATKINSON, Lawrence County Auditor, and the Lawrence County Commission, Appellees, and Frawley Ranches, Inc., Intervenor and Appellant.

Supreme Court of South Dakota.

Decided April 18, 2001.

Attorney(s) appearing for the Case

Reed C. Richards of Richards and Richards, Deadwood, SD, Attorneys for petitioners and appellees.

John Fitzgerald and Bruce Outka, Lawrence County States Attorneys, Deadwood, SD, Attorneys for appellees.

Brad P. Gordon and Roger Tellinghuisen of Fuller, Tellinghuisen, Gordon & Percy, Spearfish, SD, Attorneys for intervenor and appellant.

WILBUR, Circuit Judge.

[¶ 1.] Frawley Ranches, Inc. (Frawley) appeals from a circuit court order denying intervention and a judgment granting a writ of mandamus. We affirm.

FACTS

[¶ 2.] In 1998, Frawley began the process of developing a planned unit development (PUD) in Eastern Lawrence County, South Dakota. At that time, the 1,000 acres required for this development were zoned A-1 Agricultural under Lawrence County's Zoning Ordinance....

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