2018 Session Laws

CHAPTER 68

(HB 1292)

Appeals of decisions regarding conditional use requests.


        ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 11-2 be amended by adding a NEW SECTION to read:

    Any appeal of a decision relating to the grant or denial of 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.

    Section 2. That chapter 11-4 be amended by adding a NEW SECTION to read:

    Any appeal of a decision relating to the grant or denial of 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.

    Section 3. That ยง 7-8-30 be amended to read:

    7-8-30. Such An appeal and transcript, if a transcript exists, shall be filed by the auditor by the first day of the next term of circuit court, as soon as practicable and shall stand for trial at such term as soon as possible.

    All appeals thus Each appeal taken to the circuit court shall be docketed as other causes pending therein and the same in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to section 1 of this Act.

    Section 4. That chapter 9-1 be amended by adding a NEW SECTION to read:

    An appeal and transcript, if a transcript exists, shall be filed by the finance officer as soon as practicable and shall stand for trial as soon as possible.

    Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to section 2 of this Act.

     Signed March 23, 2018
_______________