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ELLIOTT v. BOARD OF COUNTY COM'RS

No. 23425.

703 N.W.2d 361 (2005)

2005 SD 92

Benjamin ELLIOTT, Petitioner and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, South Dakota, Respondent and Appellee, and Lake Madison Development Association, and Larry and Judy Lund, et al., Lake County Residents and Property Owners, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided August 17, 2005.

Attorney(s) appearing for the Case

Brian J. Donahoe of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Attorneys for petitioner and appellant.

Chris S. Giles, Lake County State's Attorney, Madison, South Dakota, Attorneys for respondent and appellee Lake County Board of Commissioners.

Debra S. Sittig of Myers, Peters, Hoffman, Billion & Pfeiffer, Sioux Falls, South Dakota, Attorneys for intervenors and appellees Lake Madison Development, et al.

MEIERHENRY, Justice.

[¶1.] This appeal is from the trial court's review of the decision of the Lake County Board of Commissioners to deny a building permit application for a hog confinement facility. The trial court affirmed the denial. Because we question whether the trial court had jurisdiction, we remand to the trial court.

Facts and Procedural Background

[¶2.] In early 2001, Benjamin Elliott began plans to construct and operate...

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