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WOODRUFF v. BD. OF COM'RS HAND COUNTY

No. 24503.

741 N.W.2d 746 (2007)

2007 SD 113

Byron WOODRUFF, Petitioner and Appellant, v. BOARD OF COMMISSIONERS FOR HAND COUNTY, South Dakota, Phil Testerman, Ron Campbell, Rich Strasburg, Larry Rowen, and Delmar Fawcett, Respondents and Appellees.

Supreme Court of South Dakota.

Decided October 31, 2007.

Attorney(s) appearing for the Case

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

James H. Jones, Hand County State's Attorney, Miller, South Dakota, Attorney for respondents and appellees.

ZINTER, Justice.

[¶ 1.] Byron Woodruff sought a writ of mandamus to require Hand County to enforce a zoning ordinance and prohibit the construction of a "hog barn" located near his residence. The circuit court denied mandamus relief. We affirm.

[¶ 2.] Stan and Mike Kopfmann obtained a Hand County building permit to construct the hog barn for 960 animal units. Woodruff, who resided 1.8 miles away, requested the County to stop the construction. Woodruff...

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