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SIERRA CLUB v. CLAY CTY. BD. OF ADJUSTMENT

#29226.

959 N.W.2d 615 (2021)

2021 S.D. 28

SIERRA CLUB, Petitioner and Appellant, v. CLAY COUNTY BOARD OF ADJUSTMENT, Travis Mockler, and Jill Mockler, Respondents and Appellees.

Supreme Court of South Dakota.

Opinion Filed May 5, 2021.

Attorney(s) appearing for the Case

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

JAMES S. SIMKO of Cadwell, Sanford, Deibert, & Garry, LLP, Sioux Falls, South Dakota, Attorneys for appellee, Clay County Board of Adjustment.

BRIAN J. DONAHOE of Donahoe Law Firm, P.C., Sioux Falls, South Dakota, Attorneys for appellees, Travis Mockler and Jill Mockler.

[¶1.] This appeal concerns whether, in response to a motion to dismiss under SDCL 15-6-12(b)(1), Sierra Club established standing under SDCL chapter 11-2 to challenge the Clay County Board of Adjustment's decision affirming the issuance of a permit for the operation of a concentrated animal feeding operation in Clay County...

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