Legal Opinion
Matters v. Custer County
South Dakota Supreme Court
Decided October 11, 1995No. 19024PublishedCited by 11 opinions
1Opinion of the Court
GILBERTSON, Justice (on reassignment).
Justin and Mark Matters appeal the circuit court’s denial of an alternative writ of mandamus to compel Custer County to maintain and repair a road. We reverse and remand with direction to enter the writ.
ISSUE PRESENTED
IS THE ROAD USED BY MATTERS A PUBLIC HIGHWAY WHICH MUST BE MAINTAINED BY CUSTER COUNTY?
FACTS AND PROCEDURE
Justin and Mark Matters (Matters) use a road located in Custer County as the access to their home. They sought to have Custer County (County) maintain bridges and culverts along this road. County refused on the grounds that it was not a…
2Cases cited9 opinions
- Johnson v. Secretary of StateMichigan Supreme Court · 1979
- First Nat. Bank of Biwabik, MN v. Bank of LemmonSouth Dakota Supreme Court · 1995
- Bryant v. Butte CountySouth Dakota Supreme Court · 1990
- Ritz v. Selma United Methodist ChurchSupreme Court of Iowa · 1991
- Sioux Falls Argus Leader v. YoungSouth Dakota Supreme Court · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Estate of KlauzerSouth Dakota Supreme Court · 2000
- Klinker v. BeachSouth Dakota Supreme Court · 1996
- Willoughby v. GrimSouth Dakota Supreme Court · 1998
- Wuest Ex Rel. Carver v. McKennan Hosp.South Dakota Supreme Court · 2000
- Sabhari v. SapariSouth Dakota Supreme Court · 1998
6 more not listed; retrieve them via the Exa API.