Justia Zoning, Planning & Land Use Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Deadwood Historic District Commission to deny a certificate of appropriateness sought by Harlan Kirwan to conduct renovations on a building he owned that was located in the Historic District, holding that there was no error.Kirwan, who owned a saloon located in the Historic District, applied for a certificate of appropriateness from the Commission after renovating the saloon's facade. The Commission denied the application and ordered Kirwan to remove the facade. Kirwan subsequently applied for a new certificate of appropriateness to cover the existing facade. The Commission denied the permit, and the circuit court affirmed. The Supreme Court affirmed, holding that there was no error in the underlying decision. View "Kirwan v. City Of Deadwood" on Justia Law

In this action brought by the City of Sioux Falls seeking to have a partially completed house demolished under a City ordinance the Supreme Court affirmed the circuit court's grant of summary judgment to the City, finding that the City had shown that "normal construction" had ceased for over eighteen months and allowing the City to demolish the structure on the property.In 2013, Defendants began construction on a house. Construction later stalled. The City issued an order for demolition to Defendants, finding the structure in violation of a City ordinance providing that a structure be demolished if "there was been a cessation of normal construction of any structure for a period of more than 18 months...[.]" When Defendants failed to commence demolition the City brought this complaint seeking enforcement of the ordinance. The circuit court granted summary judgment to the City. The Supreme Court affirmed, holding that the City met its burden of establishing the absence of "normal construction" for a period of eighteen months. View "City of Sioux Falls v. Strizheus" on Justia Law

The Supreme Court affirmed the decision of the Turner County Board of Adjustment to grant Intervenors, Steve and Ethan Schmerichel and Norway Pork Op, LLC, a conditional use permit (CUP) for a large concentrated animal feed operation (CAFO), holding that there was no error.In 2018, the Schmeichels sought a CUP for a large CAFO that would house 7,400 head of swine. The Board approved a CUP for the operation. Petitioners, nearby landowners, petitioned the circuit court for a writ of certiorari challenging the legality of the CUP. The circuit court determined that Petitioners had standing to challenge the CUP but denied their petition. Petitioners appealed the denial of certiorari and the Board and Intervenors appealed the issues of standing and the court's refusal to impose attorney fees on Petitioners. The Supreme Court affirmed, holding that there was no error or abuse of discretion. View "Powers v. Turner County Bd. of Adjustment" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the decision of the Hanson County Drainage Board granting a drainage permit sought by James Paulson to clean out a pre-existing ditch, holding that Appellants were not entitled to relief on their allegations of error.On appeal, Appellants argued that the Board failed to follow the relevant approval procedures and that the Board abused its discretion by approving the drainage permit. The circuit court affirmed. The Supreme Court affirmed, holding (1) the Board complied with the proper procedures for approving the permit; (2) the circuit court did not err in denying Appellants' request to present additional testimony; and (3) the circuit court did not err by denying Appellants' request to take judicial notice of an earlier proceeding. View "Little v. Hanson County Drainage Board" on Justia Law

The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind, LLC for a permit to construct a wind energy farm in northeast South Dakota, holding that the PUC acted within its discretion in this case.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) neither of the Intervenors' evidentiary claims were sustainable; and (2) even if the Intervenors' claims were preserved for appeal, the PUC acted within its discretion when it denied the Intervenors' challenges to certain testimony. View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment dismissing claims brought by Luke McAllister, McAllister TD, LLC (MTD), and B-Y Internet, LLC (B-Y) (collectively, McAllisters) against Yankton County, holding that the circuit court erred in part.Yankton County brought an action seeking an injunction against the McAllisters to cease a business that the County alleged was operating in violation of a zoning ordinance. The McAllisters asserted counterclaims for barratry and abuse of process, filed a third-party complaint asserting an abuse of process claim against Yankton County entities, and added a claim against the County's attorney and zoning administrator. The circuit court dismissed all of the McAllisters' claims. The Supreme Court reversed in part, holding that the circuit court erred in granting summary judgment for Yankton County as to barratry counterclaims filed by Luke and MTD. View "Yankton County v. McAllister" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing Petitioner's petition for a writ of certiorari challenging the Lake County Board's decision to grant a variance to Hodne Homes, LLC to build a facility to store and display boats, holding that the circuit court erred.In Dunham I, the Supreme Court reversed the circuit court's denial of Petitioner's challenge to the variance. On remand, the circuit court addressed a newly-raised issue about Petitioner's standing and then dismissed the petition because of a lack of standing. The Supreme Court reversed, holding that Petitioner was an "aggrieved" party with standing to challenge the variance under S.D. Codified Laws 11-2. View "Dunham v. Lake County Commission" on Justia Law

The Supreme Court upheld the action of the Deuel County Board of Adjustment (Board) unanimously approving the application filed by Crowned Ridge Wind II, LLC for a special exception permit (SEP) to construct and operate a wind energy system (WES) in Deuel County, holding that there was no error.In 2004, the Deuel County Board of County Commissioners adopted the Deuel County Zoning Ordinance, which created the Board and authorized it to decide requests for "special exceptions" from zoning standards. In 2018, Crowned Ridge sought an SEP from the Board for the construction and operation of a WES with up to sixty-eight wind turbines to be build on property zoned for agricultural use. The Board granted the SEP, and the circuit court upheld the decision. The Supreme Court affirmed, holding (1) the ordinance complied with the statuary requirements of S.D. Codified Laws 11-2-17.3, and therefore, the Board acted within its jurisdiction by considering crowned Ridge's application for an SEP; (2) the Board acted within the requirements of the ordinance and S.D. Codified Laws chapter 11-2; and (3) as to Appellants, landowners in Deuel County, the Board did not illegally grant an easement over Appellants' property, nor did the ordinance violate due process. View "Ehlebracht v. Deuel County Planning Commission" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Public Utilities Commission (PUC) approving the application filed by Crowned Ridge Wind II, LLC for a permit to construct a large-scale wind energy farm in northeast South Dakota, holding that there was no error.Several individual intervened in this case and objected to Crowned Ridge's application. After an evidentiary hearing, the PUC voted unanimously to approve Crowned Ridge's permit. The circuit court affirmed the issuance of the permit. The Supreme Court affirmed, holding that the intervenors failed to raise any meritorious issues upon which the PUC's final decision and order may be reversed or modified. View "Ehlebracht v. Crowned Ridge Wind II, LLC" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Spink County Board of Adjustment (Board) to deny the application filed by Arrow Farms RE, LLC for a conditional use permit (CUP) for a concentrated animal feeding operation (CAFO), holding that there was no error.Preston Miles, who owned the land where Arrow Farms planned to build the CAFO, petitioned for a writ of certiorari, arguing that the Board's decision was arbitrary and that several Board members were biased or held an unreasonable risk of bias. The circuit court affirmed the denial of the CUP, determining that none of the Board members had a disqualifying interest. The Supreme Court affirmed, holding that Miles was not entitled to relief on his allegations. View "Miles v. Spink County Board of Adjustment" on Justia Law