Legal Opinion
Tripp County v. Department of Transportation
South Dakota Supreme Court
Decided September 21, 1988No. 15997PublishedCited by 4 opinions
1Opinion of the Court
MILLER, Justice.
The issue in this appeal is whether a county continues to have the duty to repair and maintain a highway after it has been legislatively removed from the county highway system and placed on the state trunk highway system. We hold that it does not.
FACTS
In 1986, the South Dakota Legislature amended SDCL 31-4-169 by adding a section of highway in Tripp County, South Dakota (County) to the state trunk highway system (see 1986 S.D.Sess.L. ch. 236, § 1). This section of highway was originally constructed in 1949 with federal aid secondary funds and prior to the 1986 amendment had…
2Cases cited14 opinions
- Hartpence v. Youth Forestry CampSouth Dakota Supreme Court · 1982
- Meyerink v. Northwestern Public Service Co.South Dakota Supreme Court · 1986
- Jones v. JonesSouth Dakota Supreme Court · 1983
- Hot Springs Independent School District No. 10 v. Fall River Landowners Ass'nSouth Dakota Supreme Court · 1978
- Christiansen v. StrandSouth Dakota Supreme Court · 1966
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3Cited by4 opinions
- Pennington County v. State ex rel. Unified Judicial SystemSouth Dakota Supreme Court · 2002
- Pennington County v. State ex rel. Unified Judicial SystemSouth Dakota Supreme Court · 2002
- Pennington v. STATE EX REL. JUD. SYSTEMSouth Dakota Supreme Court · 2002
- Tripp County v. Department of TransportationSouth Dakota Supreme Court · 1988