A Circuit Court Judge’s decision revoking a conditional use permit for Westside Gilt LLC of Pipestone, Minnesota is being appealed. The company wants to build a Class A swine facility near Yale. Beadle County State’s Attorney Mike Moore says he will be filing an appeal to take the case to the South Dakota Supreme Court.
In his ruling, Judge Jon Erickson said the county’s comprehensive zoning ordinance was improperly enacted in 2011. Judge Erickson also said in his decision that Beadle County landowners were not provided with the opportunity to formally voice their concerns and present evidence in opposition to the project. Moore says the Circuit Court should have ruled on the conditional use permit and not the zoning ordinance….
The Beadle County Commission originally approved the conditional use permit on a 4 to 1 vote last June. Following that, petitioners took the case to Circuit Court.