886 N.W.2d 355
S.D.2016Background
- SD Supreme Court reviews timeliness of writ of certiorari challenging Sully County Board of Adjustment CUP for Ring-Neck ethanol plant.
- Board granted CUP on July 20, 2015; approved minutes August 4, 2015 with added language to condition f.
- Added language required applicant to fund road improvements unless funding sources unavailable.
- Petition for writ of certiorari filed August 20, 2015 in circuit court.
- Circuit court dismissed, finding petition untimely under SDCL 11-2-61; Ring-Neck intervened.
- On appeal, petitioners challenge timeliness and various open-meetings/authority issues, but timeliness is dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of petition for writ of certiorari under SDCL 11-2-61 | Petition timely under 30-day filing. | Filing occurred 31 days after the July 20 decision filing. | Petition untimely; circuit court affirmed dismissal. |
Key Cases Cited
- Elliott v. Bd. of Cty. Comm’rs of Lake Cty., 2005 S.D. 92 (S.D. 2005) (jurisdictional review limits on appeals; statutory timeframes)
- Elliott v. Bd. of Cty. Comm’rs of Lake Cty., 2007 S.D. 6 (S.D. 2007) (de novo review of jurisdiction questions)
- Jundt v. Fuller, 2007 S.D. 62 (S.D. 2007) (agency may correct erroneous adjudications within time limits)
- Stearns-Hotzfield v. Farmers Ins. Exch., 360 N.W.2d 384 (Minn. Ct. App. 1985) (agency corrective authority referenced in context of timeliness)