Croell Redi-Mix, Inc. v. Pennington County Board of Commissioners

Summary

The South Dakota Supreme Court held that the Pennington County Board of Commissioners properly entertained an appeal from the Planning Director’s approval of Croell Redi-Mix’s construction permit. The Court interpreted the county zoning ordinance to require a mining permit for extraction exceeding 100 cubic yards, rather than authorizing the proposed quarry expansion through a construction permit. The Court reversed the circuit court’s decision and reinstated the Board’s denial of the construction permit.

Holdings

1. Pennington County Zoning Ordinance § 507(A)(7)(f) authorized an appeal by any person affected by any action taken by the Planning Director in administering § 507(A), and the appealing residents and businesses satisfied that requirement.
2. Croell's intended extraction of more than 100 cubic yards could not be authorized by a construction permit; under Pennington County Zoning Ordinance § 507(B), a mining permit issued by the Commission was required.
3. The circuit court erred in holding that the Board's decision was arbitrary because that conclusion was based on an erroneous interpretation of the zoning ordinance and an improperly narrowed view of the issue before the Board.

Questions Presented

1. Whether the County Board of Commissioners properly entertained the appeal from the Planning Director's issuance of the construction permit.
2. Whether Croell's proposed expansion and extraction operation in an A-1 General Agriculture District could be authorized by a construction permit rather than a mining permit.
3. Whether the County Board's decision reversing the construction permit was arbitrary or unsupported by substantial evidence.

Disposition

reversed