South Dakota Statutes

§ 11-2-61.1 — Appeal of grant or denial of conditional use permit.

South Dakota § 11-2-61.1
JurisdictionSouth Dakota
Title 11PLANNING, ZONING AND HOUSING PROGRAMS
Ch. 11-1ACOUNTY PLANNING AND ZONING

This text of South Dakota § 11-2-61.1 (Appeal of grant or denial of conditional use permit.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 11-2-61.1 (2026).

Text

Any appeal of a decision of granting or denying a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting the authority's ordinances.

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Related

Hauck v. Clay County Commission
994 N.W.2d 707 (South Dakota Supreme Court, 2023)
8 case citations
Huber v. Hanson Cty. Planning Comm'n.
2019 S.D. 64 (South Dakota Supreme Court, 2019)
4 case citations
Miles v. Spink County Board of Adjustment
972 N.W.2d 136 (South Dakota Supreme Court, 2022)
2 case citations

Legislative History

SL 2018, ch 68, § 1; SL 2020, ch 41, § 12.

Nearby Sections

15
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Bluebook (online)
South Dakota § 11-2-61.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/11-2-61.1.