Thompson v. Lynde

The Supreme Court affirmed the circuit court’s denial of Appellants’ application for a writ of mandamus to compel the Deuel County Auditor accept the three petitions submitted by Appellants seeking referendum on an ordinance amending the Wind Energy System requirements of the Deuel County Zoning Ordinance, holding that the circuit court properly denied Appellants’ petition for writ of mandamus.The Auditor rejected two of the petitions Appellants submitted, leaving an insufficient number of valid signatures to trigger a referendum election. Appellants sought a writ of mandamus to compel the Auditor to accept the rejected petitions and schedule a special election on the ordinance. The circuit court denied application, concluding that the two petitions were properly rejected because they did not substantially comply with the statutory requirements of S.D. Codified Laws 7-18A-17. The Supreme Court affirmed, holding that the petitions failed substantially to comply with the requirements of the statute. View "Thompson v. Lynde" on Justia Law