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POWERS v. TURNER COUNTY BD. OF ADJUSTMENT

#29865, #29870, #29871.

983 N.W.2d 594 (2022)

2022 S.D. 77

Jeffrey K. POWERS and Vicky Urban-Reasonover, Petitioners and Appellants, v. TURNER COUNTY BOARD OF ADJUSTMENT, Respondent and Appellee, and Steve and Ethan Schmeichel and Norway Pork Op, LLC, Intervenors and Appellees.

Supreme Court of South Dakota.

OPINION FILED December 21, 2022.

Attorney(s) appearing for the Case

MITCHELL A. PETERSON , MICHAEL L. SNYDER of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

BRIAN J. DONAHOE of Donna Law Firm, P.C., Minneapolis, Minnesota, Attorneys for intervenors and appellees.

DOUGLAS M. DEIBERT of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for respondent and appellee.

[¶1.] The Turner County Board of Adjustment (Board) granted Steve and Ethan Schmeichel and Norway Pork Op, LLC (Intervenors) a conditional use permit (CUP) for a large concentrated animal feed operation (CAFO). Nearby landowners Jeffrey K. Powers and Vicky Urban-Reasonover (Petitioners) petitioned the circuit court pursuant...

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