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CONDITIONAL USE PERMIT DENIED TO MEIER

No. 21983.

645 N.W.2d 579 (2002)

2002 SD 49

In the Matter of the CONDITIONAL USE PERMIT DENIED TO Mark MEIER for Construction of an Animal Confinement Operation on Property Located in the 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 May 1, 2002.

Attorney(s) appearing for the Case

Tim R. Shattuck, Elizabeth A. Lewis and Daniel J. Harmelink of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for appellant Mark Meier.

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

ECKRICH, Circuit Judge.

[¶ 1.] Mark Meier (Meier) appeals from a circuit court judgment which affirmed the Aurora County Board of Commissioners' (Board) decision to deny Meier a conditional use permit (CUP) for two large hog confinement operations. This is the second appeal arising from the Board's December 1997 denial of the CUP. The first appeal1 held, among other things, that the trial court improperly granted Board a directed...

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