Sierra Club v. Clay County Board Of Adjustment
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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court concluding that Sierra Club lacked standing to challenge the Clay County Board of Adjustment's decision affirming the issuance of a permit for the operation of a concentrated animal feeding operation in Clay County, holding that the circuit court erred in holding that Sierra Club lacked representational standing.
In concluding that Sierra Club lacked standing under S.D. Codified Laws 11-2 to bring this lawsuit in its own right, the circuit court concluded that Sierra Club was not a person aggrieved and lacked representational standing because participation in the suit by its individual members was required. The Supreme Court reversed in part, holding (1) the circuit circuit properly determined that Sierra Club lacked standing to bring suit in its own right under section 11-2-61; and (2) the circuit court erred in concluding that Sierra Club lacked representational standing.
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