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Zoning Bulletin December 10, 2014 1 Volume 8 1 Issue 23 <br />ments, found the court, including signs posted by the New Jersey <br />Department of Transportation on nearby highways, as well as the <br />Township's "reverse 9-1-1" calling system and "email blast" system. <br />See also: Ward v. Rock Against Racism, 491 U.S. 781, 109 S. Ct. <br />2746, 105 L. Ed. 2d 661 (1989). <br />Due Process—After County <br />grants conditional use permit, <br />neighbors contend their due <br />process rights were violated <br />Neighbors point to inadequate zoning <br />ordinance and commissioner's ex parte <br />communications <br />Citation: In re Conditional Use Permit No. 13-08, 2014 SD 75, 2014 <br />WL 5474691 (S.D. 2014) <br />SOUTH DAKOTA (10/29/14)—This case addressed the issue of <br />whether a county zoning ordinance provided adequate criteria upon <br />which to base a decision to grant a conditional use permit, or did not <br />and thus violated neighboring property owner's rights to due process. <br />The case also addressed the issue of whether a zoning commissioner's <br />prehearing investigation and ex parte communication with a conditional <br />use permit applicant tainted the entire proceedings such as to have <br />violated neighboring property owner's rights to due process and requir- <br />ing a new hearing on the permit. <br />The Background/Facts: Eastern Farmers Cooperative ("EFC") <br />sought to build and operate an agronomy facility on approximately 60 <br />acres of land located a few miles north of Colton, South Dakota in Min- <br />nehaha County. The land was zoned A-1 Agricultural. The proposed fa- <br />cility would store, distribute, and sell a variety of farm products, includ- <br />ing anhydrous ammonia. <br />EFC applied to the Minnehaha County Planning Commission (the <br />"MPC") for a conditional use permit ("CUP") to build and operate the <br />agronomy facility. At the hearing on EFC's application, Dough and <br />Louise Hanson (the "Hansons") and other area residents appeared in or- <br />der to oppose the CUP. They voiced concerns about the dangers of <br />chemical storage in close proximity to their residences. At the conclu- <br />sion of the hearing, the MPC voted unanimously to approve the permit, <br />subject to 10 stated conditions. <br />© 2014 Thomson Reuters 9 <br />