March 3, 1975
Mr. Jack Klauck
Pennington County State's Attorney
Pennington County Courthouse
Rapid City, South Dakota 57701
OFFICIAL OPINION NO. 75-38
County zoning commission
Dear Mr. Klauck:
You indicate that your board of county commissioners created a county zoning commission several years ago but failed to record their action in their minutes. You have asked whether their action created a valid county zoning commission.
SDCL 7-8-17 provides:
Whenever any board of county commissioners shall act upon any petition, adopt any resolution, make any appointment to fill any vacancy in a county office, or enter any final order in any proceedings pending before any such board, the members shall vote by yeas and nays and a record of such votes shall be kept by the county auditor who shall include the same in the published report of the minutes containing the record of any such action, resolution, appointment, or order.
It is clear from the foregoing statute that the actions of the commissioners must appear in the minutes; otherwise the action is not complete or effective. Boyd v. Lake County, 72 S.D. 431, 36 N.W. 2d 384 (1949).
It is my opinion that the action of your county commissioners was incomplete and did not create a valid county zoning commission.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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