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CROELL REDI-MIX v. PENNINGTON COUNTY BOARD

28173.

905 N.W.2d 344 (2017)

2017 S.D. 87

CROELL REDI-MIX, INC., an Iowa Corporation, Appellee, v. PENNINGTON COUNTY BOARD OF COMMISSIONERS and Mark Disanto, Lloyd Lacroix, Deb Hadcock, George Ferebee and Ron Buskerud, in their capacity as members of the Pennington County Board of Commissioners, Appellants.

Supreme Court of South Dakota.

OPINION FILED December 13, 2017.

Attorney(s) appearing for the Case

THOMAS E. BRADY of Lynn, Jackson, Shultz & Lebrun, PC Spearfish, South Dakota, Attorneys for appellee.

DONALD P. KNUDSEN of Gunderson, Palmer, Nelson & Ashmore, LLP Rapid City, South Dakota Attorneys for appellants.

[¶ 1.] The Pennington County Planning Director approved a construction permit for Croell Redi-Mix Inc. to continue using and expand an existing mining operation. The Pennington County Board of Commissioners reversed. The circuit court reversed the Board's decision and ordered the Board to reinstate the permit. The...

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