CONCERNED CITIZENS v. BD. OF COM'RS

No. 25681.

794 N.W.2d 462 (2011)

2011 S.D. 5

GRANT COUNTY CONCERNED CITIZENS, Petitioner and Appellant, v. GRANT COUNTY BOARD OF COMMISSIONERS, Paul Dummann, David Forrett, Gene Mann, Doug Stengel, Clayton Tucholke and Karen Layher, County Auditor, Respondents and Appellees.

Supreme Court of South Dakota.

Decided February 2, 2011.


Attorney(s) appearing for the Case

Sam Ebrahim Khoroosi , Sioux Falls, South Dakota, Attorney for petitioner and appellant.

Zachary W. Peterson , Jack H. Hieb , of Richardson, Wyly, Wise Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for respondents and appellees.


GILBERTSON, Chief Justice.

[¶ 1.] Grant County Concerned Citizens submitted a proposed amendment to a zoning ordinance to the Grant County Board of Commissioners. After proceeding through the proper procedures, the Board of Commissioners rejected the amendment. The Board of Commissioners then denied a referendum petition by Concerned Citizens to refer the proposed amendment to qualified county voters. The circuit court denied the Concerned Citizens' petition...

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