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ELLIOTT v. BD. OF COUNTY COM'RS

No. 23917.

727 N.W.2d 288 (2007)

2007 SD 6

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.

Supreme Court of South Dakota.

Decided January 10, 2007.

Attorney(s) appearing for the Case

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

James A. Billion, Lake County States Attorney, Madison, South Dakota, Attorney for respondent and appellee Lake County Board of County Commissioners.

ECKRICH, Circuit Judge.

[¶ 1.] In this appeal Benjamin Elliott contends that his original circuit court pleading was either a petition for a writ of mandamus or a petition for a writ of certiorari. In either case Elliott argues the circuit court had subject matter jurisdiction because the original pleadings were proper both in form and substance. The circuit court found Elliott's pleading was defective and dismissed his case for lack of jurisdiction. Elliott...

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