Letter Opposing the Right to Vote

South Dakota Association of County Commissioners Opposed Democracy
in 2002 Hutchinson and Bon Homme cases

The more things change, the more they say the same. This is a letter sent to all county commissions urging them to write the state Supreme Court opposing the citizens' right to vote on permits for large feedlots.

(Decoding the legal language: If something is "legislative," the people are allowed to vote. If it is "administrative," the authorities make the decisions and citizens are not allowed to refer the things they do to a vote.)

 

South Dakota Association of County Commissioners

Richard Howard, Executive Director
306 E. Capital Ave., Ste 10
Pierre, SD 57501

  

Telephone 605-224-4554
Fax 605-224-4833

RUSH
Auditors -- Please provide copies to your
County Commission Chair and States Attorney
Thank You!

 

MEMORANDUM

TO:

County Commission Chairs

FROM:

Richard L. Howard

DATE:

October 1, 2002

SUBJECT:

SDACC Request for Legal Assistance in preparing Amicus Curiae Brief for
aubmittal to SD Supreme Court

In follow-up to approval of the following Policy Statement by the SD Association of County Commissioners on September 25, 2002, this is a request for legal assistance in preparing and submitting amicus curiae brief in support of Hutchinson County in the case of Kirschenm and Stern vs. Hutchinson County Board of Commissioners CIV 02-42 (First Judicial Circuit - August 5, 2002):

"35.

 

 

 SDACC supports the Hutchinson and Bon Homme County Commissioners in their current and pending lawsuits to clarify that the granting of variances or special use permits under county zoning ordinances that include procedures and guidelines for granting such variances or special use permits, are administrative functions, not legislative functions, pursuant to SDCL 7-18A-15.1, and are therefore, not referable to a public vote."

Pursuant to SDCL 15-26A-74, the amicus curiae brief if due October 8, 2002. To obtain additional information on the case, please contactGlenn Roth, Hutchinson County States Attorney at 605-387-5530. If your states attorney is interested in assisting SDACC in this effort, please have him/her contact me ASAP.

Thank you for your consideration of this request.

cc: States Attorney