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ADOLPH v. GRANT COUNTY BD. OF ADJUSTMENT

27884.

891 N.W.2d 377 (2017)

2017 S.D. 5

Geraldine ADOLPH and Barth Adolph, Plaintiffs and Appellants, v. GRANT COUNTY BOARD OF ADJUSTMENT and Dustin Nelson, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED March 1, 2017.

Attorney(s) appearing for the Case

MITCHELL A. PETERSON of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for appellants.

JACK H. HIEB , ZACHARY W. PETERSON of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for appellee Grant County Board of Adjustment.

BRIAN J. DONAHOE of Donahoe Law Firm, P.C., Sioux Falls, South Dakota, Attorney for appellee Dustin Nelson.

[¶ 1.] Geraldine and Barth Adolph appeal the circuit court's affirmance of the Grant County Board of Adjustment's decision to approve Dustin Nelson's application for a conditional-use permit to construct a concentrated animal-feeding operation (CAFO). Adolphs argue that Nelson's proposed project violates the Zoning...

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