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  5. 656 N.W.2d 330 (2003)
 

KIRSCHENMAN v. HUTCHINSON COUNTY BD.

No. 22520.

656 N.W.2d 330 (2003)

2003 SD 4

Ron KIRSCHENMAN and Larry Stern, Petitioners and Appellants, v. HUTCHINSON COUNTY BOARD OF COMMISSIONERS, Gillas Stern and Russell Leonard, and Jerome Hoff, County Auditor, Respondents and Appellees.

Supreme Court of South Dakota.

Decided January 8, 2003.

Rehearing Denied February 13, 2003.

Attorney(s) appearing for the Case

James G. Abourezk, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

Glenn L. Roth, Hutchinson County State's Attorney, Olivet, South Dakota, Attorneys for respondents and appellees.

SABERS, Justice.

FACTS

[¶ 1.] The Hutchinson County Board of Commissioners (Board) granted David Meyer a conditional use permit following a public hearing on April 16, and the Board's vote on May 2, 2002. The use permit allowed Meyer to construct and operate a 3,200-head hog confinement facility within Hutchinson County. A group of Hutchinson County citizens (Kirschenman) filed petitions with the Hutchinson County Auditor calling for a referendum vote...

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