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  5. 670 N.W.2d 34 (2003)
 

IN RE YANKTON COUNTY COM'N.

Nos. 22681, 22692.

670 N.W.2d 34 (2003)

2003 SD 109

In re Appeal from Decision of YANKTON COUNTY COMMISSION on, June 25, 2002, Denying the Appeal of Guy Larson, an Aggrieved Person, and Concerning the Issuance of a Building Permit to Larry Ryken, Permit Number 22A, Issued on April 19, 2002.

Supreme Court of South Dakota.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Nora M. Kane, David A. Domina of Domina Law, Omaha, Nebraska, James G. Abourezk, Sioux Falls, South Dakota, Attorneys for appellant Yankton Land & Cattle Co.

Robert L. Chavis, Yankton County State's Attorney, Yankton, South Dakota, Attorneys for appellee Guy Larson, et al.

ZINTER, Justice.

[¶ 1.] Larry Ryken, owner of a feedlot and sale barn, applied for a building permit after Yankton County had adopted a temporary zoning ordinance (TZO). Although the permit was granted, Guy Larson, a local taxpayer, unsuccessfully appealed to the Yankton County Board of Adjustment. Larson did not, however, appeal the Board of Adjustment's decision to circuit court in accordance with SDCL 11-2-61 (2000). Instead, he appealed the Board of Adjustment...

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