Circuit Court: Department of Corrections can build new prison in Lincoln County
State of South Dakota wins lawsuit after being sued by neighboring landowners
The Department of Corrections does not have to abide by Lincoln County zoning rules, a circuit court has determined in a ruling that removes a roadblock to the state’s plan for a new prison.
However, two neighboring landowners who argue the prison would hurt the value of their land do have standing to sue for damages.
Lincoln County landowners and the nonprofit Neighbors Opposed to Prison Expansion (NOPE), who hoped to block the state of South Dakota’s plans to turn more than 300 acres between Canton and Harrisburg into a men’s correctional facility, were dealt a major blow Wednesday when Judge Jennifer Mammenga ruled the DOC has the authority to build without approval from local governments and nearby property owners.
