Justia Zoning, Planning & Land Use Opinion Summaries

Rod Dorale built his house with a setback of seven feet three inches from the neighboring property line, violating the McCook County ordinance requiring a nine-foot setback. Greg and Patricia DeCramer, who own the adjacent property, appealed the McCook County Board of Adjustment's decision to grant Dorale a variance for the reduced setback. The DeCramers argued that the Board exceeded its authority by violating the governing statute and county ordinance.The circuit court denied the DeCramers' petition for a writ of certiorari, concluding that the Board had complied with the requirements for granting a variance under SDCL 11-2-53(2). The court noted that the Board determined the variance would not be offensive to the public and that undue hardship existed because Dorale would have to move the house. The court emphasized the limited nature of its review, stating it could not question the Board's decision or examine the facts leading to the variance request.The South Dakota Supreme Court reviewed the case and found that the Board acted illegally and in excess of its authority by granting a variance that did not comply with SDCL 11-2-53(2) or the county ordinance. The Court noted that the Board did not find any special conditions or extraordinary circumstances that justified the variance. The Board's finding that there was "nothing extraordinary in this residential district" precluded it from granting the variance under the terms of the ordinance. Consequently, the Supreme Court reversed the circuit court's decision and remanded the case for the entry of an order vacating the variance granted by the Board. View "Decramer v. Dorale" on Justia Law

The case involves MRose Development Co., LLC and Jason Schumacher (MRose) who sought to develop farmland located along Swan Lake in Turner County into 15 lakefront lots. The land was currently included in an agricultural zoning district, and due to residential density restrictions, MRose applied to rezone the land into a lake residential district. The Turner County Board of County Commissioners (the County) denied the application, and MRose appealed to the circuit court.The circuit court reversed the County's decision, interpreting Turner County's zoning ordinance to require approval of the rezoning application as a purely ministerial act because the land was situated along Swan Lake. The County appealed this decision.The Supreme Court of the State of South Dakota reversed the circuit court's decision. The court found that the circuit court erred in its interpretation of the 2008 Zoning Ordinance, which it believed required the County to approve MRose's rezoning application. The Supreme Court held that no provision in the entire 2008 Zoning Ordinance stated that lakefront property must be zoned Lake Residential simply by virtue of its location. The court also held that the County's decision to deny MRose's rezoning application was not arbitrary, as MRose failed to meet its burden of proof that the County acted arbitrarily. View "Mrose Development Co. v. Turner County Bd. Of Commissioners" on Justia Law

In 1999, Bernard Stockwell had his agriculturally zoned property in McCook County, South Dakota, replatted into five individual lots. In 2022, he sought an opinion from the McCook County Zoning Administrator on the number of building eligibilities for his lots. The Zoning Administrator determined that all five lots shared one building eligibility, based on her interpretation of the 2014 McCook County Zoning Ordinance. Stockwell appealed this decision to the McCook County Board of Adjustment (BOA), arguing each lot should have its own building eligibility. The BOA sided with the Zoning Administrator.Stockwell then petitioned the Circuit Court for a writ of certiorari and sought declaratory relief. The County sought summary judgment, which the Circuit Court granted. Stockwell appealed to the Supreme Court of South Dakota.The Supreme Court reversed the Circuit Court’s decision. The Court held that the 2014 zoning ordinance unambiguously refers to its own effective date, and the Circuit Court erred by not applying this definition, despite recognizing that Stockwell’s lots meet this definition. The Court also noted that if the County wishes to change the definition, it is up to the County’s legislative body, not the courts, to do so. View "Stockwell V. Mccook County Board Of Commissioners" on Justia Law

In the case before the Supreme Court of the State of South Dakota, Love’s Travel Stops & Country Stores and One Shot, LLC, filed a petition against the City of Wall, South Dakota, City Council, and Planning and Zoning Commission for the City. Love’s, a corporation that operates 24-hour truck stops, entered into an agreement to purchase a 13-acre parcel of land from One Shot, contingent on obtaining the necessary zoning and permitting approvals from the city. After the City Council denied Love's rezoning and building permit applications, Love’s filed a petition for writ of mandamus, writ of certiorari, and request for declaratory relief with the circuit court. The circuit court granted Love's petition in part, declaring that the City’s Zoning Ordinance did not apply to the property and required the City to reconsider Love's application for a building permit. The City Council reconsidered and again denied Love's building permit application. Love’s then filed a motion for order to show cause requesting the circuit court to find the City in contempt of the court’s order and sought issuance of a building permit. The circuit court found the City in contempt and ordered the City to issue Love's a building permit. The City appealed.The South Dakota Supreme Court reversed the circuit court's decision. The Supreme Court found that the circuit court order was clearly erroneous in finding that the City willfully and contumaciously violated the court’s order to reconsider and vote on Love's requested building permit. The Supreme Court also noted that the circuit court’s remedy for its finding of contempt was inconsistent with the purpose of civil contempt and exceeded its authority by imposing a punitive, rather than coercive civil contempt remedy. The court's order to issue a building permit was punitive and denied the City the opportunity to purge itself of contempt and come into compliance with the original court order. Therefore, the Supreme Court reversed the circuit court’s finding of contempt and the order issuing a building permit to Love's. View "Love’s Travel Stops V. City Of Wall" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Dakota Constructors, Inc.'s petition for a writ of certiorari challenging the decision of the Hanson County Board of Adjustment that Dakota would need a conditional use permit (CUP) under a Hanson County ordinance in order to extract sand, gravel, and rock from the property at issue.In 2021, Dakota purchased the property: a quarry located in Hanson County that had operated under a state license since 1986 to mine sand, gravel, and rock. The ordinance took effect in 2000. Dakota Constructors submitted a CUP application but argued that it did not need a CUP because the operation of the quarry was a continuing prior nonconforming use. The Hanson County Board of Adjustment disagreed and granted the CUP application with specified conditions. The circuit court denied Dakota's ensuing petition for a writ of certiorari. The Supreme Court affirmed, holding that Dakota failed to show that the Board's reading of the word "extraction" was contrary to the ordinance, contrary to state statute, or otherwise wrong or erroneous. View "Dakota Constructors, Inc. v. Hanson County Bd. of Adjustment" on Justia Law

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