ALEXANDRIA — The Hanson County Drainage Board violated county ordinances when it granted a permit to a landowner in September, a court determined May 7.
The decision in the case, which was filed by landowners Jon and Shirley Little, cited a lack of required documentation submitted to the board with James Paulson's permit application as among the reasons for the drainage board not having sufficient information to grant the permit.
Paulson, 84, of Mitchell, submitted his application to the court on Sept. 24, requesting board approval to clean out a ditch located on 248th Street between 426th and 427th avenues near his property in Hanson County. A brief later filed by Paulson's attorney indicated the proposed drainage crossed a ditch that ran parallel to a property owned by another man, who signed off on Paulson's application.
The Hanson County Drainage Board approved Paulson's permit on Oct. 9. Two days later, the Littles filed their complaint against the drainage board, the county and Paulson in October, alleging the location of their land in relation to Paulson's made it necessary for Paulson to get approval from the Littles for the drainage project before the drainage board could grant Paulson a permit.
Following a motions hearing May 4, Judge Chris Giles reversed the drainage board's decision to grant Paulson's permit and simultaneously denied the permit.
According to the May 7 order, the Hanson County Drainage Board had granted Paulson a permit without properly publishing notice of a hearing on the application and without Paulson attaching various documentation to his application, including the signature of the adjoining landowner, all of which violated county ordinances.
Giles wrote that in the alternative, the permit decision was reversed and the permit denied because the board didn't have enough information to grant the permit based on its own ordinances and because Spring Lake Township would have had to consent to Paulson's application before the Hanson County Drainage Board would have jurisdiction to consider it.