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WEDEL v. BEADLE COUNTY COM'N

No. 27539.

884 N.W.2d 755 (2016)

2016 S.D. 59

Brad WEDEL, Helene Wedel, Willard Wallman, Jeremy Wallman, Kristi Wallman, Bill Hornig, Wenda Hornig, Rod Hornig, Nathan Hornig, Jim Hornig, Patty Hornig, Jim Gross, Patty Gross and Eric Gross, Petitioners and Appellees, v. BEADLE COUNTY COMMISSION, Beadle County Commission Sitting as the Beadle County Board of Adjustment, Denis Drake, Rick Benson, Tom Hansen, Linda Marcus, Larry Mattke, Respondents and Appellants, and Westside Gilts Re, LLC, Respondent.

Supreme Court of South Dakota.

Decided August 17, 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 appellees.

Zachary W. Peterson of Richardson, Wyly, Wise Sauk & Hieb, LLP, Aberdeen, South Dakota, Attorneys for respondents and appellants.

[¶ 1.] Petitioners appealed the Beadle County Board of Adjustment's decision granting a conditional use permit (CUP) to Westside Gilts RE, LLC (Westside). Petitioners argued that the Board lacked authority to issue the permit because the county zoning ordinances (Ordinances), which authorized the Board to grant the permit, were...

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