SIOUX FALLS, S.D. (KELO) — The state Supreme Court on Tuesday will hear the case of neighbors against the State of South Dakota: a dispute over the planned location of a new men's prison in Lincoln County. Following the late 2023 announcement that a rural tract of the county between Harrisburg and Canton was planned to be the future home of a new men's prison, neighbors filed a lawsuit against the state. A judge dismissed the lawsuit, but the neighbors filed an appeal. Now, the case will go before the state's highest court. Local zoning regulations are central to the case because the proposed site is located in an agricultural district. Legal documents say opponents of the proposed site don't want the land "used for that purpose without having initiated either the conditional use or re-zoning process provided for under the County's Ordinance." However, the state contends that since they "are acting under their duty to perform the essential governmental function of building a prison, they are not bound by local zoning rules." Exactly where a new men's prison might be located is presently an open question. After a legislative effort to appropriate money to build one in Lincoln County failed in February, South Dakota Gov. Larry Rhoden announced a refocused effort. A select group of lawmakers and officials will once again examine the need for a new prison in addition to such a facility's size and location. When KELOLAND News asked the governor if the site between Harrisburg and Canton remained the administration's preference, Rhoden said anything is possible. The state Supreme Court will hear arguments in the case Tuesday morning; viewers and readers will be able to listen in on keloland.com. SFPD seeking information in death investigation ...read more read less