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Peters v. Spearfish ETJ Planning Commission

567 N.W.2d 880 (1997)

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Peters v. Spearfish ETJ Planning Commission

South Dakota Supreme Court
567 N.W.2d 880 (1997)

  • Written by Robert Cane, JD

Facts

Landmark Realty and Development Company (Landmark) owned a 240-acre tract of land that was zoned A-1, general agriculture. Landmark sought approval of a planned-unit development to be constructed on its property. The proposed planned-unit development comprised about 80 to 90 dwellings. The rest of the property was designated as green space. The Spearfish ETJ Planning Commission (planning commission) (defendant) approved Landmark’s proposed planned-unit development. The Spearfish City Council and the Lawrence County Board of Commissioners also approved Landmark’s proposal. John Peters and a group of citizens (plaintiffs) filed an appeal in the trial court, challenging the approval of the planned-unit development. The trial court found that the planned-residential-development ordinance was ambiguous and that the planning commission, city council, and board of commissioners exceeded their authorities in approving Landmark’s planned-unit development. Landmark appealed.

Rule of Law

Issue

Holding and Reasoning (Miller, C.J.)

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