E.C. Vogt v. Ganley Brothers Company And

Respondent Russell Livingood applied to appellant Renville County for a conditional use permit to expand his confinement hog facilities. The county denied the permit, and Livingood filed a writ of certiorari in the court of appeals. The court of appeals reversed the decision of the county, concluding that the county lacked sufficient evidence to support the denial, and remanded the case with directions to issue the permit. The county then filed a petition for further review with this court, requesting that the remand be modified to allow the county to articulate its basis for the denial. We granted the petition and modified the remand as requested by the county. Livingood then filed a petition for rehearing indicating that the county intentionally failed to record its proceedings, contradicting the countys earlier representations that the lack of a recording was due to an equipment malfunction. We granted the petition for rehearing and vacated our prior order, and must now decide if the court of appeals erred in remanding the case with specific directions to issue the permit.