Agenda - Planning Commission - 12/04/2003

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Page 6 -- November 10, 2003 to do so, the board's decision should be reversed. Otherwise, Cormier would have a second chance to provide evidence he should have presented in the first place. Citation: Place v. Paid, ted Wt~rriors [nc., Superior Court of Rhode la'land, Providence, No. PC 02-2843 (2003). see also: Roger Williams College v. GalIison, 572 A.2d 61 (1990). see also: Pbn Bernz~th v. Zoning Board of Review, 770 A.2d 396 (2001), 92 County Commissioners -- COunty overrides city opposition to planned jarl Jail to be set within city limits SOUTH DAKOTA (08/2'7/03) -- Pennington County wanted to renovate its juvenile detention center into ajail-work release facihty on county-owned prop- erty in Rapid City. The zoning district the property was designated for medium density, residential use. . After pubhc hearings, both the city planning commission and the common council denied the request. In response, the Pennington County Board of Com- missioners voted to override the denial. The county then proceeded to renovate the property. Rapid City sued. The court ruled in favor of the county. Rapid City appealed, arguing a county could not use property located within a municipality in violation of the municipality's comprehensive plan and zon- ing ordinance without the municipal governing body's approval, DECISION: Affirmed, Despite the city's opposition, the county gould continue to renovate i~s prop- erty. Under state law, the county commissioners could overrule a city planning commission. The state legislature foresaw the placement and construction of certain public facilities, like jails, would not be popular with city residents. Consequently, it provided a mechanism to authorize county construction of these facilities. Several courts have held a county jail was a necessary or essential govern- ment function. Therefore, when constructing or renovating a county j~il within municipal corporate limits, counties were' not subject to municipal zoning or- dinances. Since Rapid City was within the boundaries of Pennington County, it was appropriate for the county commissioners to overrule the municipal governing body. Citation: City of Rapid City v. Pennington County, S~preme Court of South Dakota, No. 22521 (2003). see also: Heine Farms v. Yankron County, 649 N. W. 2d 597 ('2002). see also: Stare v. O~,~im~, 623 31. uz 0.4 36 (2001).