Holborn v. Deuel County Board of Adjustment

Supreme Court of South Dakota - February 10, 2021 - N.W.2d - 2021 WL 501343 - 2021 S.D. 6

Residents of Deuel County and neighboring counties filed petition for writ of certiorari challenging special exception permits (SEPs) to develop two wind energy systems (WES) in Deuel County, including claim that several members of Deuel County Board of Adjustment had interests or biases that disqualified them from considering SEPs.

The Circuit Court determined that two Board members had disqualifying interests and invalidated their votes, and reversed decision of Board granting SEPs. Applicants appealed.

The Supreme Court held that:

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