Jack Hieb and Zach Peterson successfully defended another challenge to a conditional use permit granted by a South Dakota county. In this case, the Sully County Board of Adjustment had granted a conditional use permit to Ring-Neck Energy and Feed, LLC to construct an ethanol plant. Opponents of the plant challenged the permit by lodging an appeal with the circuit court raising a number of issues. After briefing and a hearing on the issues, the Court determined that the county’s grant of the permit should not be set aside and affirmed the Board of Adjustment in all respects. A copy of the Court’s Memorandum Decision is linked to this post.
Memo Decision on Motion to Quash and Dismiss