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  5. 855 N.W.2d 836 (2014)
 

IN RE CONDITIONAL USE PERMIT NO. 13-08

Nos. 26859, 26879.

855 N.W.2d 836 (2014)

2014 S.D. 75

In the Matter of CONDITIONAL USE PERMIT #13-08, Doug Hanson and Louise Hanson, Petitioners and Appellants, v. Minnehaha County Commission, Minnehaha County, South Dakota, Respondents and Appellees, Eastern Farmers Coop, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided October 29, 2014.

Attorney(s) appearing for the Case

Rick L. Ramstad of Crew & Crew, PC, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

Sara E. Show , Kersten A. Kappmeyer of Minnehaha County State's Attorney's Office, Sioux Falls, South Dakota, Attorneys for respondents and appellees.

Jason W. Shanks   John H. Billion of May & Johnson, PC, Sioux Falls, South Dakota, Attorneys for intervenors and Appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Appellants Doug and Louise Hanson appeal from a de novo circuit court decision upholding the approval of a conditional use permit applied for by Eastern Farmers Cooperative. On appeal to this Court, the Hansons assert that the Minnehaha County Commission's decision to uphold the approval of the permit was arbitrary and capricious and that ex parte communications between a commissioner...

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