State, Department of Game, Fish & Parks v. Troy Township
South Dakota Supreme Court
1Opinion of the CourtGilbertson, Chief Justice
[¶1.] Troy, Valley, and Butler Townships’ respective boards of supervisors vacated portions of several section-line highways in Day County. South Dakota’s Department of Game, Fish, and Parks appealed these administrative actions to the circuit court, asserting the highways provided access to bodies of water held in trust by the State for the public. The circuit court affirmed in part and reversed in -part, and the Department now appeals to this Court. The Department argues that: (1) by vacating the highways, the Townships denied public access to a public resource, (2) the highway vacations,…
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