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HOLBORN v. DEUEL COUNTY BD. OF ADJUSTMENT

#28963, #28983.

955 N.W.2d 363 (2021)

2021 S.D. 6

George HOLBORN, Ruby Holborn, Vicki Hinders, Stacey Hinders, Rick Kolbeck, Jennifer Kolbeck and Steven Overby, Petitioners and Appellees, John Homan, Teresa Homan, William Stone, Fay Stone, Heath Stone and Katie Stone, Petitioners, v. DEUEL COUNTY BOARD OF ADJUSTMENT, Respondent, and Deuel Harvest Wind Energy LLC and Deuel Harvest Wind Energy South LLC, Respondents and Appellants.

Supreme Court of South Dakota.

OPINION FILED February 10, 2021.

Attorney(s) appearing for the Case

REECE M. ALMOND of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, South Dakota, CHRISTINA L. KILBY of Kilby Law, PLLC, Burnsville, Minnesota, Attorneys for petitioners and appellees.

LEE SCHOENBECK , JOSEPH ERICKSON of Schoenbeck Law, P.C., Watertown, South Dakota, LISA M. AGRIMONTI , MOLLIE M. SMITH , HALEY WALLER PITTS of Fredrikson & Byron, P.A., Minneapolis, Minnesota, Attorneys for respondents and appellants.

[¶1.] Deuel Harvest Wind Energy, LLC and Deuel Harvest Wind Energy South, LLC (Deuel Harvest) applied for special exception permits (SEP) from the Deuel County Board of Adjustment (Board) to develop two wind energy systems (WES) in Deuel County.1 Several residents of Deuel County and neighboring...

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