The South Dakota Supreme Court will hear an appeal Thursday from Lawrence County residents challenging Ordinance 24‑05, which shifted authority for conditional use permits from county commissioners to the board of adjustment and removed those decisions from the public referendum process.
If the justices side with the appellants, the county could be required to send the ordinance to a special election. A defeat could return permit approval powers to the commission and allow approved permits—such as the Croell‑operated Larson Quarry approved in August—to be put to a public vote.
Attorneys Katelyn Cook and Matthew Lucklum will argue on behalf of Lawrence County and the Save Centennial Valley Association, respectively. The hearing will be held at Augustana University in Sioux Falls at 10:30 a.m., though a ruling is expected months later.
Save Centennial Valley appealed after the Fourth Judicial Circuit denied its challenge last March. The group contends the ordinance is legislative and subject to referendum. The county argues it is administrative and required to comply with state law, which assigns conditional‑use authority to a board of adjustment. County leaders say that makes the ordinance non‑referable, leading the auditor to reject a petition to put it on the ballot.
The case stems from controversy over quarry permits along Homestake Road. In 2023, voters rejected a North Star Construction quarry permit. Croell later withdrew a similar permit before it could be referred, then reapplied and received approval under the new board‑of‑adjustment process.
County officials say they will wait for Supreme Court direction before making further changes.
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