Jensen v. Lincoln County Board of Commissioners

Summary

The South Dakota Supreme Court affirmed the denial of Kirk Jensen’s petition for a writ of mandamus seeking to compel Lincoln County officials to enforce a zoning setback requirement against a neighboring feedlot. The court held that mandamus was legally available under South Dakota law but unavailable because Jensen lacked a clear legal right to require enforcement against the feedlot, which qualified as a lawful preexisting use under the county zoning ordinance. The court also affirmed the denial of Jensen’s motion for rehearing.

Holdings

1. The statutory appeal provisions governing county commission decisions did not categorically preclude a taxpayer from seeking mandamus under SDCL 11-2-35 to compel county officials to perform duties required by state zoning law or county ordinances.
2. Jensen was not entitled to mandamus because he failed to establish a clear legal right to require denial of Hazel's permit or enforcement of the setback requirement, and the County had no definite duty to impose the setback on Hazel's lawful, unenlarged preexisting feedlot.
3. The circuit court did not abuse its discretion by denying rehearing because the record showed that the court considered the correct July 25, 1995 effective date and possessed the information necessary to decide the matter.

Questions Presented

1. Whether the circuit court abused its discretion by denying Jensen's petition for a writ of mandamus to compel enforcement of the county zoning setback requirement or denial of Hazel's conditional use permit.
2. Whether the availability of statutory appeal procedures precluded Jensen from seeking mandamus relief.
3. Whether the circuit court erred by denying Jensen's motion for rehearing.

Disposition

affirmed