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HEINE FARMS v. YANKTON COUNTY

No. 22055.

649 N.W.2d 597 (2002)

2002 SD 88

HEINE FARMS, A Partnership, Gary Heine, Ronald Heine, Gene Heine, Thomas Heine, and Steven Heine, Appellees, v. YANKTON COUNTY, South Dakota, By and Through its COUNTY COMMISSIONERS, Appellant.

Supreme Court of South Dakota.

Decided July 24, 2002.

Attorney(s) appearing for the Case

William J. Klimisch, Yankton, for appellees.

Robert Chavis, Yankton County States Attorney, Yankton, James G. Abourezk of Abourezk Law Offices, Sioux Falls, for appellant.

AMUNDSON, Justice.

[¶ 1.] Yankton County appeals a trial court judgment declaring an initiated zoning ordinance illegal and unenforceable and enjoining enforcement of the ordinance. We affirm.

FACTS

[¶ 2.] Heine Farms (Heine) is a partnership made up of five brothers who are residents, landowners and taxpayers in Yankton County. In late 2000, Heine purchased land in Yankton County with plans...

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