Legal Opinion

South Dakota v. Adams

District Court, D. South Dakota

Decided April 9, 1980No. Civ. 77-3039PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiff, the State of South Dakota, (State) seeks to overturn the final determination of the Secretary of Transportation (Secretary) under 23 U.S.C. § 131, (the Highway Beautification Act [Act]), that the State has not instituted effective control of billboards. The Secretary assessed a penalty of ten percent of the State’s highway funds for 1978 and reserved the funds for 1979, to be returned to the State if the 1979 South Dakota Legislature complied with the Act. In accordance with the Act, § 131(b), the penalty for fiscal…

2Cases cited28 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  5. Withrow v. LarkinSupreme Court of the United States · 1975

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3Cited by9 opinions

  1. State of South Dakota v. Elizabeth H. Dole, Secretary, United States Department of Transportation, Washington, D.C., in Her Official CapacityCourt of Appeals for the Eighth Circuit · 1986
  2. Suffolk Outdoor Advertising Co. v. Town of SouthamptonNew York Court of Appeals · 1983
  3. South Dakota v. GoldschmidtCourt of Appeals for the Eighth Circuit · 1980
  4. National Advertising Co. v. City of AshlandCourt of Appeals for the Ninth Circuit · 1982
  5. South Dakota v. AdamsDistrict Court, D. South Dakota · 1980

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