High Plains Res., LLC v. Fall River County Bd. of Comm’rs
Annotate this CaseHigh Plains sought a writ of prohibition alleging that the Fall River County Board of Commissioners exceeded its authority by rescinding Resolution No. 2014-09, which approved High Plains’ proposed petroleum contaminated soil farm. High Plains requested that the circuit court order the county to desist and refrain from counting the votes regarding resolution No. 2014-16, a similar, subsequently enacted resolution. The circuit court issued a writ setting aside the rescission of Resolution No. 2014-09 and prohibiting the ballots on the referendum election on Resolution 2014-16 from being counted, concluding that High Plains did not have a plain, speedy, and adequate remedy in the course of law. The Supreme Court reversed, holding (1) the Board’s action in considering the rescission of Resolution No. 2014-09 did not exceed its jurisdiction; and (2) as to the issue of whether the Board complied with S.D. Codified Laws 34A-6-103 or exceeded its powers when it rescinded Resolution No. 2014-09, High Plains had an alternative remedy through an appeal, which precluded the extraordinary remedy of a writ of prohibition.
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