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HYDE v. SULLY COUNTY BD. OF ADJUSTMENT

No. 27702.

886 N.W.2d 355 (2016)

2016 S.D. 65

Steve HYDE, Kathy Hyde, Clark Guthmiller, Lisa Guthmiller, Warren Wilson, Sherri Wilson, Jim Thibodeau, Dan Leonard, Larry Wilcox, Richard Hyde and Cheryl Hyde, Plaintiffs and Appellants, v. SULLY COUNTY BOARD OF ADJUSTMENT, Defendant and Appellee, and Ring-Neck Energy & Feed, LLC, a South Dakota Limited Liability Company, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided September 28, 2016.

Attorney(s) appearing for the Case

Adam Altman , Aberdeen, South Dakota, Attorney for plaintiffs and appellants.

Jack H. Hieb , Zachary W. Peterson of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellee Sully Cty. Bd. of Adjustment.

Craig E. Smith , Neumayr & Smith, Gettysburg, South Dakota, Attorneys for intervenor and appellee.

[¶ 1.] Petitioners appealed the decision of the Sully County Board of Adjustment to grant a conditional use permit to Ring-Neck Energy & Feed, LLC, for an ethanol plant. Petitioners appeal from the circuit court's dismissal of the appeal as untimely. We affirm.

Background

[¶ 2.] On July 20, 2015...

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