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HAUCK v. CLAY COUNTY COM'N

#30001.

994 N.W.2d 707 (2023)

2023 S.D. 43

Michelle L. HAUCK, Petitioner and Appellant, v. CLAY COUNTY COMMISSION, Richard Hammond, in his capacity as Clay County Commissioner, Travis Mocker, in his capacity as Clay County Commissioner, Elizabeth Smith, in her capacity as Clay County Commissioner, Phyllis Packard, in her capacity as Clay County Commissioner, and Michael Manning, in his capacity as Clay County Commissioner, Respondents and Appellees.

Supreme Court of South Dakota.

OPINION FILED August 9, 2023.

Attorney(s) appearing for the Case

WANDA HOWEY-FOX of Harmelink & Fox Law Office, P.C., Yankton, South Dakota, Attorneys for petitioner and appellant.

JAMES S. SIMKO of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for respondents and appellees.

[¶1.] Michelle Hauck sought writs of mandamus and certiorari from the circuit court to reverse the Clay County Board of Adjustment's (Board of Adjustment) affirmance of the Clay County Planning Commission's (Planning Commission) denial of Hauck's proposed conditional use permit (CUP). The circuit court concluded Hauck's petition...

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