Reis v. Miller

SABERS, Justice.

[¶ 1] Reis, Hanson, Nelson and Kjerstad (Plaintiffs) appeal a denial of their deelarato-ry judgment action against state officials (Defendants) in their official capacities. Plaintiffs claim the original easement creating section line rights-of-way did not give the legislature the power to allow hunting, fishing or trapping on the section line rights-of-way and that SDCL 41-9-1.1 is a violation of equal protection. We affirm.

FACTS

[¶ 2] Plaintiffs each own land subject to an easement for a section line highway. Reis is a resident of Tripp County, Hanson is a resident of Day…