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JENSEN v. LINCOLN COUNTY BD. OF COM'RS

Nos. 23865, 23887.

718 N.W.2d 606 (2006)

2006 SD 61

Kirk JENSEN, Petitioner and Appellant, v. LINCOLN COUNTY BOARD OF COMMISSIONERS and the Lincoln County Planning and Zoning Commission, Respondents and Appellees.

Supreme Court of South Dakota.

Decided July 5, 2006.

Attorney(s) appearing for the Case

James G. Abourezk of Abourezk Law Offices, P.C., Sioux Falls, South Dakota, Attorney for petitioner and appellant.

Thomas R. Wollman, Lincoln County State's Attorney, Michael F. Nadolski, Lincoln County Deputy State's Attorney, Sioux Falls, South Dakota, Attorneys for respondents and appellees.

MEIERHENRY, Justice.

[¶ 1.] Kirk Jensen (Jensen) sought a writ of mandamus against the Lincoln County Planning and Zoning Commission (Planning Commission) and Lincoln County Board of County Commissioners (Board) to compel enforcement of a zoning ordinance. The circuit court denied Jensen's petition. Jensen appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

[¶ 2.] Jensen's family farm and residence...

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