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BECHEN v. MOODY COUNTY BD. OF COM'RS.

Nos. 23372, 23388.

703 N.W.2d 662 (2005)

2005 SD 93

John BECHEN and The Moody County Chapter of Dakota Rural Action, Petitioners and Appellants, v. MOODY COUNTY BOARD OF COMMISSIONERS, Alvin Gullickson, Martin May, Kenneth Doyle, Bill Nibbelink and Jean Larson, County Auditor, Respondents and Appellees, and Britannia Dairy, LLP and Rex Nederend Family Trust, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided August 24, 2005.

Attorney(s) appearing for the Case

James Abourezk and Todd Epp of Abourezk and Epp Law Office, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

William J. Ellingson, Moody County State's Attorney, Flandreau, South Dakota, Attorney for respondents and appellees.

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, South Dakota, Attorneys for intervenor and appellee Britannia Dairy.

William G. Beck of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for intervenor and appellee Rex Nederend Family Trust.

LOVRIEN, Circuit Judge.

[¶ 1.] John Bechen and the Moody County Chapter of Dakota Rural Action (collectively Bechen) appeal from a judgment and order denying an application for a writ of mandamus. Bechen applied for a writ of mandamus to require Moody County to hold a referendum vote on a decision by the Moody County Board of Adjustment (Board) to issue conditional use permits for two proposed concentrated animal feeding operations. Bechen argues the trial court...

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