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S.D. Codified Laws § 11-2-65

Court may reverse or affirm decision of board--Costs

Applied in 7 court decisions — leading case Lake Hendricks Improvement Ass'n v. Brookings County Planning & Zoning Commission (2016)

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

Source: SL 2000, ch 69, § 35; SL 2020, ch 41, § 14.

How often courts cite this section

200320102020202220
citing decisions per year

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.

The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. On motion, the court may award reasonable attorneys' fees and costs of the action in an action brought to the court under this chapter against any non-prevailing party relative to the petition for writ of certiorari.

Costs and attorneys' fees are not allowed against the board of adjustment unless the court determines that the board of adjustment acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

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