Any appeal of a decision of granting or denying 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.
S.D. Codified Laws § 11-2-61.1
Appeal of grant or denial of conditional use permit
Applied in 6 court decisions — leading case Hauck v. Clay County Commission (2023)
Most recently applied in Stockwell v. McCook County Board of Commissioners (January 2024)
Source: SL 2018, ch 68, § 1; SL 2020, ch 41, § 12.
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.