The concurring vote of two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of any administrative official or to effect any variation in the ordinance. An initial conditional use determination of the board of adjustment shall be determined by the vote set forth in § 11-2-17.3.
S.D. Codified Laws § 11-2-59
Reversal--Two-thirds majority vote
Applied in 4 court decisions — leading case Jensen v. TURNER COUNTY BOARD OF ADJUSTMENT (2007)
Most recently applied in Holborn v. Deuel Cnty. Bd. of Adjustment (February 2021)
Source: SL 2000, ch 69, § 29; SL 2003, ch 78, § 4; SL 2004, ch 101, § 4; SL 2015, ch 72, § 5; SL 2016, ch 71, § 4; SL 2020, ch 41, § 9.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.