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ABATA v. PENNINGTON COUNTY BOARD OF COM'RS

28704.

931 N.W.2d 714 (2019)

2019 S.D. 39

Duane ABATA, Donald Burger, and Barrett Wendt, Plaintiffs and Appellees, v. PENNINGTON COUNTY BOARD OF COMMISSIONERS, and Lloyd LaCroix, Mark DiSanto, Deb Hadcock, George Ferebee, and Ron Buskerud, in their capacity as members of the Pennington County Board of Commissioners, and Julie Pearson, in her capacity as the Pennington County Auditor, Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED July 10, 2019.

Attorney(s) appearing for the Case

MICHAEL M. HICKEY , KELSEY B. PARKER of Bangs, McCullen, Butler, Foye & Simons, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

MATTHEW E. NAASZ of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendants and appellants.

[¶1.] Duane Abata, Donald Burger, and Barrett Wendt (collectively the Citizens) brought a declaratory judgment action challenging the validity of a zoning ordinance amendment passed by the Pennington County Board of Commissioners (Board). The parties filed cross-motions for summary judgment. The circuit court granted...

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