ANDERSEN v. TOWN OF BADGER

No. 25045.

769 N.W.2d 834 (2009)

2009 SD 61

Donald ANDERSEN and Shirley Andersen, Petitioners and Appellants, v. TOWN OF BADGER (a municipal corporation under the laws of the State of South Dakota), Respondents and Appellees.

Supreme Court of South Dakota.

Decided July 15, 2009.


Attorney(s) appearing for the Case

A.J. Swanson, Canton, SD, for petitioners and appellants.

Todd D. Wilkinson of Wilkinson & Wilkinson, DeSmet, SD, for respondents and appellees.


KONENKAMP, Justice.

[¶ 1.] A Kingsbury County zoning ordinance governing the location of concentrated animal feeding operations allows local incorporated communities an option to waive distance requirements for a feeding operation. Seeking to construct such a facility near the Town of Badger, a businessperson requested that the town waive the distance requirement, and the town's board of trustees agreed. Certain residents of the town petitioned the circuit court...

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