South Dakota Trucking Ass'n v. South Dakota Department of Transportation

DUNN, Justice.

This is an appeal from a declaratory judgment and writ of mandamus entered in favor of appellees. We affirm.

The facts of this case are quite simple. On October 29, 1975, the South Dakota State Transportation Board (Board) adopted rules that allowed for vehicles with a gross weight of up to 95,000 pounds to be operated upon the interstate highway system. ARSD 70:01:04:41-45. Prior to that date the maximum weight limit was 80,000 pounds. Permits were required to operate at these heavier weights. These permits were granted by issuing single-trip permits in books of ten. On March…