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TIBBS v. MOODY COUNTY BD. OF COM'RS

No. 26897.

851 N.W.2d 208 (2014)

2014 S.D. 44

Shawn TIBBS, Virgil Stembaugh, Gene Gullickson and Janet Gullickson, Petitioners and Appellants, v. MOODY COUNTY BOARD OF COMMISSIONERS, sitting as The Board of Adjustment, and Mustang Pass, LLC, Respondents and Appellees.

Supreme Court of South Dakota.

Decided July 9, 2014.

Attorney(s) appearing for the Case

Mitchell A. Peterson of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

Jack H. Hieb , Zachary W. Peterson of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for appellee Moody County Board of Commissioners Sitting as Board of Adjustment.

James S. Simko of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for appellee Mustang Pass, LLC.

KONENKAMP, Justice.

[¶ 1.] The Moody County Board of Adjustment granted a conditional use permit to allow a concentrated animal feeding operation in Moody County. Shawn Tibbs, Virgil Stembaugh, and Gene and Janet Gullickson (the Citizens) petitioned the circuit court for a writ of certiorari challenging the board of adjustment's decision to grant the conditional use permit. The Citizens also argued that the statutory scheme governing appeals to circuit courts...

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