Thormodsgard v. Wayne Township Board of Supervisors

Wayne Thormodsgard, (appellant), appeals from a judgment vacating an alternative writ of mandamus. We reverse.

Appellant owns adjoining land in Sections 28 and 29 in Wayne Township, Minnehaha County. A portion of the western edge of his property is bordered by a township-maintained gravel road running through the middle of Section 29. The section line highway that would normally separate Section 28 from Section 29 and provide central access to his land is fenced, unimproved, and apparently has never been used for travel.

Appellant instituted this action to compel the township board to open the…