(Milford)– A Dickinson county District Court Judge has once again ruled against some neighbors of the Okoboji High School that were opposed to the location of a new gym that was built onto the school.
In the latest action, Judge Frank Nelson reaffirmed his ruling from July of this year that said Milford’s Board of Adjustment was within its legal rights when it granted a special exception use permit in allowing the construction of the new gym on the south side of the existing school.
In his ruling dated September 29th of this year, Judge Nelson states the Board of Adjustment, did atleast at a second meeting, consider all issues presented by the plaintiffs and all matters pertinent to issuance of the special exception use permit and made adequate findings of fact to justify issuance of the permit.
The initial action by the Board of Adjustment in granting the permit was remanded by a judge who stated the board did not list any legal finding of facts in its original decision. The board filled that requirement at a later hearing. A motion was made by the plaintiffs to enlarge and amend the findings and conclusions and to modify or substitute the judgement and degree filed July 27th of this year.
The latest ruling by Judge Nelson overrules and denies that motion.
