HAY v. BOARD OF COM'RS FOR GRANT COUNTY

No. 22760.

670 N.W.2d 376 (2003)

2003 SD 117

Duane HAY and Paulette Hay, Petitioners and Appellants, v. BOARD OF COMMISSIONERS FOR GRANT COUNTY, South Dakota, James Peters, Gene Mann, Clayton Tucholke, Paul Dummann, and Richard Berens, Respondents and Appellees.

Supreme Court of South Dakota.

Decided September 24, 2003.


Attorney(s) appearing for the Case

James G. Abourezk, Sioux Falls, South Dakota, Attorney for appellants.

Jack H. Hieb of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, South Dakota, Attorneys for appellees.


KONENKAMP, Justice.

[¶ 1.] A zoning and planning commission, acting as a board of adjustment, granted a permit for the expansion of a dairy operation. Aggrieved by the decision, two taxpayers appealed to the county commissioners. The commissioners declined to hear the appeal, ruling that they lacked jurisdiction to review a decision of the board of adjustment. The taxpayers then petitioned the circuit court for a writ of mandamus requiring the commissioners to...

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