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FREEMAN v. CLAY COUNTY BOARD OF COUNTY COMM'RS

4:22-CV-04177-CBK.

706 F.Supp.3d 873 (2023)

C. Grace FREEMAN, Harry Freeman, Cindy Gehm, Brian Gevik, C. Bruce Gray, Elizabeth Hanson, Constance Krueger, Matthew Pesicka, Susanne Skyrm, Jerry Wilson, and Norma Wilson, Plaintiffs, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS, Clay County Board of Adjustment, and Travis Mockler, individually and in his official capacity as chair of the Clay County Board of County Commissioners and Clay County Board of Adjustment, Defendants.

United States District Court, D. South Dakota, Southern Division.

Filed December 12, 2023.

Attorney(s) appearing for the Case

Kurt Wm. Kingler, Mitchell A. Peterson, Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, SD, for Plaintiffs.

James S. Simko, Melissa R. Jelen, William C. Garry, Cadwell Sanford Deibert & Garry, LLP, Sioux Falls, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

This matter is before the Court on defendants, Clay County Board of County Commissioners, Clay County Board of Adjustment, and Travis Mockler ("defendants"), motion to dismiss plaintiffs' complaint pursuant to Fed. R. Civ. P. 12(b)(1) and (6) for lack of subject...

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