(Milford)– A Dickinson county district court judge has ruled in favor of the Okoboji Community School District and the Milford Board of Adjustment in a zoning dispute with a neighbor over an addition to the high school.
The Board of Adjustment granted a special exception use permit to the Okoboji School District in May of 2003 allowing for the construction of a gym onto the south side of the existing high school in Milford. Neighbors Don and Judy Brinkley contested the action, siting a number of concerns and issues. The case was reviewed by two judges in separate court cases. The Board of Adjustment’s action was remanded by the court because no legal findings of fact were included in its decision to grant the permit. A subsequent meeting of the board was held this past May at which time they once again approved a special exception use permit for the school, including a list of a finding of legal facts.
That action was contested as well in district court and went to trial on June 10th of this year. In his ruling, the judge states that Milford’s zoning ordinance DOES provide the necessary guidelines to direct the Board of Adjustment. As a result, the ruling states the action of the Milford Board of Adjustment in issuing the special exception use permit to the Okoboji Community School district was proper.
The new gym at Okoboji High School has since been constructed.
