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CABLE v. UNION COUNTY BD. OF COUNTY COM'RS

Nos. 25074, 25083.

769 N.W.2d 817 (2009)

2009 SD 59

Ed CABLE, Petitioner and Appellant, v. UNION COUNTY BOARD OF COUNTY COMMISSIONERS, Marvin Schempp, Doyle Karpen, Dale Neely, Milton Ustad and Ross Jordan, Respondents and Appellees.

Supreme Court of South Dakota.

Decided July 15, 2009.

Rehearing Denied August 14, 2009.

Attorney(s) appearing for the Case

James G. Abourezk, Abourezk Law Offices, P.C., Sioux Falls, SD, for petitioner and appellant.

William C. Garry, Shawn M. Nichols of Cadwell, Sanford, Deibert & Garry, L.L.P., Sioux Falls, SD and Jerry A. Miller, Union County State's Attorney, Elk Point, SD, for respondents and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Ed Cable (Cable) and Save Union County, LLC, (Save Union County) filed an appeal under SDCL 7-8-27 in circuit court seeking an order reversing the issuance by the Union County Board of Commissioners (County) of a rezoning permit to Hyperion, LLC, (Hyperion) for the construction of an oil refinery in Union County, South Dakota. The circuit court found Cable and Save Union County were without standing to file an appeal under SDCL...

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