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GOOS RV CENTER v. MINNEHAHA COUNTY COM'N

No. 24942.

764 N.W.2d 704 (2009)

2009 SD 24

GOOS RV CENTER, Lee Goos, Sr., Terry Goos and Lee Goos, Jr., Petitioners and Appellants, Alfred Lupien and Donna Lupien, Petitioners, v. MINNEHAHA COUNTY COMMISSION, Minnehaha County, Respondents and Appellees, Myrl & Roy's Paving, Inc., Intervenor and Appellees.

Supreme Court of South Dakota.

Decided April 8, 2009.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, for petitioners and appellants.

Gordon D. Swanson, Minnehaha County Deputy State's Attorney, Sioux Falls, for respondents and appellees, Minnehaha County Commission, Minnehaha County.

Brian Donahoe, David L. Edwards of Cutler & Donahoe, L.L.P., Sioux Falls, for intervenor and appellees, Myrl & Roys.

SABERS, Retired Justice.

[¶ 1.] Goos RV Center, Lee Goos, Sr., Terry Goos and Lee Goos, Jr., (collectively Goos) appeal the circuit court's decision affirming the Minnehaha County Commission's decision to grant a conditional use permit to Benson Farms, Inc., for gravel extraction. We affirm.

FACTS

[¶ 2.] Benson Farms owns property located north of I-90 near Highway 38 in Minnehaha County. That property is zoned in the A-1 Agriculture District...

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