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CITY OF RAPID CITY v. PENNINGTON COUNTY

No. 22521.

669 N.W.2d 120 (2003)

2003 SD 106

CITY OF RAPID CITY, a municipal corporation of the State of South Dakota, Plaintiff and Appellant, v. PENNINGTON COUNTY, a political subdivision of the State of South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 27, 2003.

Attorney(s) appearing for the Case

Adam Altman, City Attorney, Jason E. Green, Assistant City Attorney, Rapid City, South Dakota, for plaintiff and appellant.

Glenn A. Brenner, Pennington County State's Attorney, Tobin Karn, Pennington County Special Deputy State's Attorney, Rapid City, South Dakota, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Pennington County sought approval to change its former juvenile detention center into a jail-work release facility. Rapid City's Planning Commission and Common Council disapproved the change in use. Invoking SDCL 11-6-21, the county overruled the city and proceeded with the project. Rapid City brought suit. The circuit court held that SDCL 11-6-21 authorized the county to proceed with the project without the city's approval.

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