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LAMAR ADV. v. ZONING BD. OF ADJUSTMENT

No. 26254.

822 N.W.2d 861 (2012)

2012 S.D. 76

LAMAR ADVERTISING OF SOUTH DAKOTA, INC., Petitioner and Appellant, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF RAPID CITY, Respondent and Appellee.

Supreme Court of South Dakota.

Decided October 31, 2012.

Attorney(s) appearing for the Case

Edward C. Carpenter , Stephen C. Hoffman of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for petitioner and appellant.

Joel P. Landeen of Office of the City Attorney, Rapid City, South Dakota, Attorney for respondent and appellee.

KONENKAMP, Justice.

[¶ 1.] In denying a writ of certiorari, the circuit court ruled that Rapid City regularly pursued its authority when it required a conditional use permit as a prerequisite to granting a request to alter an existing off-premises sign. We reverse.

Background

[¶ 2.] On April 4, 2011, Lamar Advertising of South Dakota, Inc., submitted applications to Rapid City Building Official...

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