Esling v. Krambeck

2003 SD 59, 663 N.W.2d 671, 2003 S.D. LEXIS 83
CourtSouth Dakota Supreme Court
DecidedMay 21, 2003
DocketNone
StatusPublished
Cited by23 cases

This text of 2003 SD 59 (Esling v. Krambeck) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Esling v. Krambeck, 2003 SD 59, 663 N.W.2d 671, 2003 S.D. LEXIS 83 (S.D. 2003).

Opinions

KONENKAMP, Justice.

[¶ 1.] In this appeal from a denial of a writ of certiorari, we review the circuit court’s ruling that the City of Spearfish lawfully annexed territory under a voluntary petition for annexation. We affirm.

Background

[If 2.] A petition for voluntary annexation under SDCL 9-4-1 was presented to the Spearfish Planning Commission for concurrent annexation and zoning. The property involved is locally known as “Centennial Valley.” It includes the county airport, a few small ranches, the Daryll Propp land (formerly the Frawley Ranch), and the John Esling ranch. The petitioned territory consisted of approximately 2,000 acres and shared a common border with the City of Spearfish. For zoning, the territory was to be designated as an AG Agricultural Conservation District with a Rural Service District tax designation, except the county airport, which was to be zoned for its use.

[¶ 3.] In September 2001, the Lawrence County Commission authorized its chairperson to sign the voluntary annexation petition to include the county owned airport. At the same time, under SDCL 9-4-5, the Lawrence County Commission passed a motion approving the city’s annexation of unplatted lands described in the petition. A week later, the Spearfish Planning Commission scheduled a hearing on the voluntary annexation petition, and published a notice of public hearing on the matter. Approximately one month later, the Spearfish Planning Commission held its public hearing. Despite objections to the annexation by the applicants here, the Commission unanimously recommended that the City Council approve the annexation petition. After published notices, the City Council held three public hearings on the voluntary annexation. The following actions were adopted unanimously: Resolution 2001-33 for annexation, Ordinance 904 for zoning, and Ordinance 905 for the rural service district.

[¶ 4.] The City Council found that the total value of the territory subject to voluntary annexation was $1,913,730 and that the owners of $1,435,298 in value signed the annexation petition (89.94%)

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Bluebook (online)
2003 SD 59, 663 N.W.2d 671, 2003 S.D. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esling-v-krambeck-sd-2003.