(dissenting).
[¶ 23.] I respectfully dissent. South Dakota is the cradle of the initiative and referendum, becoming the first state to give legislative power to its citizens in *6031898. Christensen v. Carson, 533 N.W.2d 712, 714 (S.D.1995). The Legislature has extended the initiative and referendum to counties, SDCL 7-18A-9, and municipalities, SDCL 9-20. The people’s power to initiate legislation is plenary, curbed only by the South Dakota Constitution and statutes. Byre v. City of Chamberlain, 362 N.W.2d 69, 79 (S.D.1985). Zoning and rezoning are legislative acts.
Taylor Properties, Inc. v. Union County, 1998 SD 90, ¶ 18, 583 N.W.2d 638, 642. Here, the majority allows the county commission’s failure to adopt a comprehensive plan to trump the clearly expressed will of the people. In Vitek v. Bon Homme County, 2002 SD 45, ¶¶ 10-12, 644 N.W.2d 231, 234-35, we noted that Taylor stands for the proposition that citizen legislation on zoning is a traditional right of the voters to override the view of their elected representatives as to what serves the public interest and to legislate on the subject for themselves. In the absence of action by the county commission, the people of Yankton County have spoken and should not only be heard but heeded as well.