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S.D. Codified Laws § 11-2-1.1

Aggrieved persons--Requirements

Applied in 1 court decision — leading case Powers v. Turner County Board of Adjustment (2022)

Most recently applied in Powers v. Turner County Board of Adjustment (December 2022)

Source: SL 2020, ch 41, § 1.

For the purposes of this chapter, a person aggrieved is any person directly interested in the outcome of and aggrieved by a decision or action or failure to act pursuant to this chapter who:

(1) Establishes that the person suffered an injury, an invasion of a legally protected interest that is both concrete and particularized, and actual or imminent, not conjectural or hypothetical;

(2) Shows that a causal connection exists between the person's injury and the conduct of which the person complains. The causal connection is satisfied if the injury is fairly traceable to the challenged action, and not the result of the independent action of any third party not before the court;

(3) Shows it is likely, and not merely speculative, that the injury will be redressed by a favorable decision, and;

(4) Shows that the injury is unique or different from those injuries suffered by the public in general.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.