Supreme Court Victory

Posted on July 10, 2014

The defense team of Jack Hieb and Zach Peterson successfully defended Moody County through a Supreme Court appeal.  In TIBBS v. MOODY COUNTY, 2014 S.D. 44, Moody County granted a permit authorizing a concentrated animal feeding operation.  Neighboring citizens opposed the permit, arguing improper enactment of zoning ordinances, lack of jurisdiction, and denial of equal protection.  The Circuit Court denied certiorari, finding no procedural defects and finding no violation of the Equal Protection Clause.  The South Dakota Supreme Court affirmed in a unanimous decision.

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