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POWERS v. TURNER COUNTY BD. OF ADJUSTMENT

29195.

951 N.W.2d 284 (2020)

2020 S.D. 60

Jeffrey K. POWERS and Vicky Urban-Reasonover, Petitioners and Appellants, v. TURNER COUNTY BOARD OF ADJUSTMENT, Respondent, and Steve Schmeichel and Ethanschmeichel, Respondents and Appellees.

Supreme Court of South Dakota.

OPINION FILED November 4, 2020.

Attorney(s) appearing for the Case

MITCHELL A. PETERSON , REECE M. ALMOND of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

BRIAN J. DONAHOE , DANIEL B. WEINSTEIN of Donahoe Law Firm, P.C., Sioux Falls, South Dakota, Attorneys for respondents and appellees.

[¶1.] After the Turner County Board of Adjustment approved an application for the construction and operation of a concentrated animal feeding operation, two landowners appealed the decision by petitioning the circuit court for a writ of certiorari under SDCL 11-2-61. On cross-motions for summary judgment, the circuit court...

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