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Public vote on feedlots prohibited, court says

In a case originating in Moody County the SD Supreme Court upheld the permitting of large dairy operations in the face of opposition from activists, therreby jabbing a finger in the eyes of Dakota Rural Action et al. The decision effectively upholds a rational and orderly oexercise of property rights, without activists'having veto powers.

The case began when the Moody County Commission, acting as the board of adjustment, granted permits for two dairies - Britannia Dairy just west of Flandreau and the Rex Nederend Family Trust southwest of Elkton. Opponents of large feedlots pressed for a vote, and the commission denied their petitions.

The Supreme Court ruled unanimously that the county was correct: Because the commission was acting as a board of adjustment, a referendum is not allowed. The decision applies across much of eastern South Dakota because boards of adjustment grant permits in most counties, said Todd Kays of the First District Association of Local Governments in Watertown

.

Unfortunately we haven't heard the last out of the DRA crew yet:

In March, lawyer Jim Abourezk argued that feedlot permits are legislative decisions. But on Thursday, the court ruled that the distinction applies only to decisions made by the state, or by cities or county commissions.

Wouldn't you know that former Donk (appointed) Senator Abourezk is involved here. At times he makes McGovern look like a conservative.

"In once sense, it's a big loss," Abourezk said. "In the other sense, it gives great urgency to that initiative to plug the loophole that the court wouldn't plug."

Oh no! A LOOPHOLE that allows property owners to develop something on their property without the activists approval! Horrors!

He was referring to a petition that would change state law to subject all feedlot permits to a public vote. A vote could come in November 2006 if enough people sign on. "I think the public is very much for it," Abourezk said.

The libDonks, envirowackos, NIMBYs (Not In My BackYard) will unfortunately probably get enough signatures to get thsi onto the ballot, but the Chief still hopes not. This whole concept needs to be shot down in flames, and then fed through a dairy's manure processing system, where it belongs.

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