The state Supreme Court on Wednesday considered how to balance two treasured South Dakota traditions - the right of referendum and the state's business-friendly policies.
The text of the arguments was over the legal distinction between "administrative" and "legislative" decisions, but the subtext was the familiar debate about where communities should allow large animal feeding operations, and who should decide. Specifically, whether citizens may vote on permits issued to two new dairies in Moody County last year.
Former U.S. Sen. James Abourezk, arguing on behalf of John Bechen of Flandreau and Dakota Rural Action, said it is a legislative action virtually any time a county government issues a permit, and all legislative acts are subject to referendum.
Want to know a lot more about the corporate farming debate in the post-WWII midwest? See the chapter about it in my book.
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