Lawyer for Lincoln County prison opponents asks justices for due process
State argues to Supreme Court that it had immunity from complying with county zoning requirements
The state of South Dakota’s contention that it can build a prison wherever it wants didn’t go unchallenged Tuesday by justices of the Supreme Court.
Nor, however, did the argument made by a lawyer for Lincoln County residents who brought suit against the state.
The justices heard an appeal of a circuit court judge who ruled last fall that the state was not required to follow Lincoln County’s zoning requirements on hundreds of acres of farmland currently zoned for agriculture use. The Department of Corrections wants to build a multi-use 1,500 bed men’s prison that residents in the area say will ruin their way of life.
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