SCHAFER v. DEUEL COUNTY BD. OF COM'RS.

No. 23798.

725 N.W.2d 241 (2006)

2006 SD 106

Norman SCHAFER and the Deuel County Chapter Of Dakota Rural Action, Petitioners and Appellees, v. DEUEL COUNTY BOARD OF COMMISSIONERS, Ronald Boone, Chairman, Gordon Anderson, Joseph Effling, Donald Hanson, Darold Hunt and Pam Lynde, County Auditor, Respondents and Appellants.

Supreme Court of South Dakota.

Decided November 29, 2006.


Attorney(s) appearing for the Case

James G. Abourezk, Sioux Falls, South Dakota, Attorney for petitioners and appellees.

John D. Knight, Deuel County Deputy States Attorney, Clear Lake, South Dakota, Attorney for respondents and appellants.


SEVERSON, Circuit Judge.

[¶ 1.] On March 9, 2005, Norman Schafer and the Deuel County Chapter of Dakota Rural Action (Petitioners) filed two initiative petitions with the Deuel County Auditor. The first petition sought to (1) amend the special exceptions provision of Section 278 of the Deuel County zoning ordinance; (2) add a new Section 508 in which Deuel County residents would be granted the right of referendum on legislative decisions of the board of adjustment...

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