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YANKTON COUNTY v. McALLISTER

#29616.

977 N.W.2d 327 (2022)

2022 S.D. 37

YANKTON COUNTY, State of South Dakota, A Political Subdivision, Plaintiff and Appellee, v. Luke E. MCALLISTER, McAllister TD, LLC, and B-Y Internet, LLC, Defendants and Appellants, and Yankton County Commission; Yankton County Board of Adjustment; Yankton County Planning Commission; Patrick E. Garrity, in his capacity as Yankton County Zoning Administrator, and in his Individual Capacity; and Robert W. Klimisch, in his capacity as Yankton County State's Attorney, and in his Individual Capacity, Third-Party Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED June 22, 2022.

Attorney(s) appearing for the Case

JONATHAN A. HEBER , MEREDITH A. MOORE of Cutler Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

DOUGLAS M. DEIBERT of Cadwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee and third-party defendants and appellees.

MARK D. FITZGERALD of Fitzgerald, Vetter, Temple & Bartell, Norfolk, Nebraska, Attorneys for third-party defendant and appellee Patrick E. Garrity.

[¶1.] Yankton County brought an action seeking an injunction against Luke McAllister, McAllister TD, LLC (MTD), and B-Y Internet, LLC (B-Y) (collectively referred to as "McAllisters") to cease a wireless internet provider business that Yankton County alleged was operating in violation of a county zoning ordinance. McAllisters...

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