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HUBER v. HANSON COUNTY PLANNING COM'N

#28710.

936 N.W.2d 565 (2019)

2019 S.D. 64

Loren E. HUBER and Amy Nolan-Huber, Petitioners and Appellants, v. HANSON COUNTY PLANNING COMMISSION and Hanson County Board of Adjustment and Its Members: Matt Barnard, Edward Engelmeyer, Jean Freeman, Gary Schoenrock, Sharon Jarding, Tristen Bender and David Waldner in Their Official Capacities, and Mary C. Wilcox in Her Official Capacity as Hanson County Zoning Administrator, Respondents and Appellees, and Triple K Land, LLC, Intervenor and Appellee.

Supreme Court of South Dakota.

OPINION FILED December 4, 2019.

Attorney(s) appearing for the Case

R. SHAWN TORNOW , Sioux Falls, South Dakota, Attorney for petitioners and appellants.

JAMES R. DAVIES , Hanson County State's Attorney, Alexandria, South Dakota, and WILLIAM C. GARRY , MELISSA R. JELEN , Cadwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, Attorneys for respondent and appellees.

BRIAN J. DONAHOE of Donahoe Law Firm, Sioux Falls, South Dakota, Attorneys for intervenor and appellee.

[¶1.] Triple K Land, LLC (Triple K) applied to the Hanson County Board of Adjustment (the Board) for a conditional use permit (CUP) to construct a 2,400-pig nursery facility. Adjacent property owners Loren Huber and Amy Nolan-Huber (Hubers) objected. After the Board granted the CUP, Hubers applied for a writ of prohibition...

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