EHLEBRACHT v. DEUEL COUNTY PLANNING COM'N

#29352.

972 N.W.2d 464 (2022)

2022 S.D. 18

Garry EHLEBRACHT, Steven Greber, Mary Greber, Richard Rall, Amy Rall, and Laretta Kranz, Appellants, v. DEUEL COUNTY PLANNING COMMISSION, sitting as Deuel County Board of Adjustment, and Crowned Ridge Wind II, LLC, Appellees,

Supreme Court of South Dakota.

OPINION FILED March 23, 2022.


Attorney(s) appearing for the Case

A.J. SWANSON , Canton, South Dakota, Attorney for appellants.

ZACHARY W. PETERSON , JACK HIEB of Richardson, Wyly, Wise, Sauck, & Hieb, LLP, Aberdeen, South Dakota, Attorneys for appellee Deuel County Board of Adjustment.

MILES F. SCHUMACHER , MICHAEL F. NADOLSKI , DANA VAN BEEK PALMER of Lynn, Jackson, Shultz, & Lebrun, P.C., Sioux Falls, South Dakota, Attorneys for appellee Crowned Ridge Wind II, LLC.


[¶1.] Crowned Ridge Wind II, LLC (Crowned Ridge) applied for a special exception permit (SEP) from the Deuel County Board of Adjustment (the Board) to construct and operate a Wind Energy System (WES) in Deuel County. Following a public hearing, the Board unanimously approved the permit. Several landowners in Deuel County sought...

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