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LAKE HENDRICKS v. BROOKINGS COUNTY PLANNING

No. 27598.

882 N.W.2d 307 (2016)

2016 S.D. 48

LAKE HENDRICKS IMPROVEMENT ASSOCIATION; City of Hendricks, Minnesota; and Norris Patrick, Petitioners and Appellants, v. BROOKINGS COUNTY PLANNING AND ZONING COMMISSION; Brookings County Planning and Zoning Commission Sitting as the Brookings County Board of Adjustment; Michael Crinion; Killeskillen, LLC, Respondents and Appellees, and LC Olson, LLP, Respondent.

Supreme Court of South Dakota.

Decided June 28, 2016.

Attorney(s) appearing for the Case

Mitchell A. Peterson , Reece Almond 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 respondents and appellees Brookings County.

Brian Donahoe , Sioux Falls, South Dakota, Attorney for respondents and appellees Michael Crinion and Killeskillen, LLC.

[¶ 1.] Petitioners sought to reverse a county board of adjustment's 2014 decision to grant Developer a conditional use permit for a concentrated animal feeding operation. Petitioners alleged that the board did not have jurisdiction to grant the permit because the county failed to validly enact an ordinance authorizing the board...

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