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IN RE B.Y. DEVELOPMENT, INC.

No. 25407.

785 N.W.2d 296 (2010)

2010 SD 57

In the Matter of the Application of B.Y. DEVELOPMENT, INC., a South Dakota Corporation, for Project Approval Deadwood Historic Preservation Office No. 07050.

Supreme Court of South Dakota.

Decided July 7, 2010.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Brad P. Gordon, Eric J. Strawn of Tellinghuisen & Gordon, P.C., Spearfish, South Dakota, Attorneys for appellee B.Y. Development.

Jason A. Campbell, City of Deadwood, Deadwood, South Dakota, Attorney for appellant City of Deadwood.

KONENKAMP, Justice.

[¶ 1.] A business sought approval from the local historic preservation commission to expand its building in a historic landmark district. In denying the application, the commission relied on city ordinances to conclude, in the words of the enabling statute, that the project would "encroach upon, damage, or destroy" certain historic properties. In reversing the commission's ruling, the circuit court interpreted the enabling statute without...

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