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BOXDORFER v. SULLY BD. OF ADJUSTMENT

No. 23057.

689 N.W.2d 39 (2004)

2004 SD 117

Terry L. BOXDORFER; John Brakss and Marlene Brakss; Jerry Brown; Dave T. Davidson and Alice H. Davidson; Ed A. Fahlsing and Betty Fahlsing; Michael A Gorman; A. Dean Gretschmann and Judith L. Gretschmann; Robert Hartford and Sara K. Hartford; Joanne Knight; Leonard P. Kuck and Billie J. Kuck; Lyle E. Lutzka and Ruby C. Lutzka; Henry E. Maddocks and Jodi H. Maddocks; Randy Morris; Bruce Peterson; Walt Reinert and Colleen Reinert; Edward E. Spies; James C. Spies, Ernest Steffen, David Steffen and Larry Steffen, d/b/a Steffen Brothers, Inc.; Darold Swank and Florence Swank; and Steve Wegener; jointly and severally, Petitioners and Appellants, v. SULLY COUNTY BOARD OF ADJUSTMENT Sully County, South Dakota, Respondent and Appellee, and Milt Morris, Jim Blair, Ray Beck, John Nystrom, Norm Nystrom, Kevin Randall, Jim Schumacher, Harvey Sheehan, Brian Tracy, Ron Young, Gene Weinreis, Don Ramler, and Les Wulf, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided October 20, 2004.

Attorney(s) appearing for the Case

Brad A. Schreiber of Day, Morris & Schreiber, Belle Fourche, South Dakota, Attorneys for petitioners and appellants.

Merlin Voorhees Sully County States Attorney, Onida, South Dakota, Attorney for respondent and appellees.

Mark A. Moreno and Charles P. Schroyer of Schmidt, Schroyer, Moreno & Lee, Pierre, South Dakota, Attorneys for intervenors and appellees.

JOHNSON, Circuit Judge.

[¶ 1.] This is an appeal taken from a judgment and order entered by the circuit court upholding the issuance of a special use permit for a drag strip located on agricultural land. We affirm.

FACTS

[¶ 2.] Milt Morris (Morris) and Jim Blair (Blair) applied to the Sully County Board of Adjustment (the Board) for a special use permit, seeking permission to construct and operate a drag strip on their land in southwestern...

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