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HINES v. BD. OF ADJUSTMENT OF CITY

No. 22730.

675 N.W.2d 231 (2004)

2004 SD 13

Rex HINES, Petitioner and Appellant, v. BOARD OF ADJUSTMENT OF the CITY OF MILLER, (the Common Council acting thereas), Respondent and Appellee.

Supreme Court of South Dakota.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Eric D. Slaathaug, Pierre, South Dakota, Attorney for petitioner and appellant.

Gregory G. Rediger, Miller, South Dakota, Attorney for respondent and appellee.

KONENKAMP, Justice.

[¶ 1.] Rex Hines requested a variance for one of his lots from a city ordinance restricting the placement of mobile homes. Following a hearing, the Board of Adjustment for the City of Miller denied the request. Hines filed a Petition for a Writ of Certiorari with the circuit court under SDCL 11-4-26. The circuit court ruled that the board was within its authority and jurisdiction when it denied the variance. Because the record of the hearing...

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