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

No. 22124.

644 N.W.2d 231 (2002)

2002 SD 45

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.

Supreme Court of South Dakota.

Decided April 24, 2002.

Attorney(s) appearing for the Case

James G. Abourezk, Abourezk Law Offices, P.C., Sioux Falls, South Dakota, Attorney for petitioners and appellants.

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

SABERS, Justice.

[¶ 1.] Duane Vitek, Michael Neth, Sandy Neth, Steven Neth and Sharon Neth (Vitek) applied for a writ of mandamus to compel the Bon Homme County Board of Commissioners (County) to submit to a vote of the qualified electors of the county a referendum regarding a variance granted by County for the construction and operation of a hog confinement facility. The First Circuit Court denied a writ of mandamus and we reverse and remand.

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