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VITEK v. BON HOMME COUNTY BD. OF COM'RS

No. 22216.

650 N.W.2d 513 (2002)

2002 SD 100

Duane VITEK, Michael Neth, Sandy Neth, Steven Neth, and Sharon Neth, Petitioners and Appellants, v. BON HOMME COUNTY BOARD OF COMMISSIONERS, Eugene Kokesh, Allen Sternhagen, John Fathke, John Pesek, Russell Jelsma, and Linda Pesek, Bon Homme County Auditor, Respondents and Appellees, Leo PEDERSEN and Linda Pedersen, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided August 14, 2002.

Attorney(s) appearing for the Case

James G. Abourezk, Sioux Falls, for petitioners and appellants.

Lisa Z. Rothschadl, Bon Homme County State's Attorney, Tyndall, for respondents and appellees.

James D. Taylor of Taylor & Miskimins, P.C., Mitchell, for intervenors and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Duane Vitek, Michael Neth, Sandy Neth, Steven Neth and Sharon Neth (collectively Vitek) appealed the decision of the Bon Homme County Board of Commissioners (County) in granting a variance for the construction of a 3300-head hog finishing facility. The circuit court dismissed for failure to timely and properly perfect the appeal. We reverse and remand.

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