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ARMSTRONG v. TURNER COUNTY BD. OF ADJ.

No. 25008.

772 N.W.2d 643 (2009)

2009 SD 81

Rosemary ARMSTRONG and Alphie Petersen, Plaintiffs and Appellants, v. TURNER COUNTY BOARD OF ADJUSTMENT, Defendant and Appellee, Viborg Cooperative Elevator Association, Intervenor.

Supreme Court of South Dakota.

Decided August 26, 2009.

Attorney(s) appearing for the Case

Paul H. Linde of Schaffer Law Office, Prof. LLC, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Michael A. Henderson of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Rosemary Armstrong and Alphie Petersen (Homeowners) appeal the circuit court's denial of a writ of certiorari challenging the Turner County Board of Adjustment (Board)'s approval of a conditional use permit issued to the Viborg Cooperative Elevator Association (Elevator). We reverse on the grounds that Homeowners did not receive due process because one of the Board members had a disqualifying interest and should not have participated...

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