Legal Opinion

State, Department of Game, Fish & Parks v. Troy Township

South Dakota Supreme Court

Decided August 16, 2017No. 28008; 27981; 27982; 27986PublishedCited by 18 opinions

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,…

2Cases cited64 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  4. United States v. LovascoSupreme Court of the United States · 1977
  5. United States v. MorganSupreme Court of the United States · 1941

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3Cited by18 opinions

  1. Olson, Blake, Massie v. Butte County CommissionSouth Dakota Supreme Court · 2019
  2. Surat Farms, LLC v. Brule County Board of CommissionersSouth Dakota Supreme Court · 2017
  3. Carmody v. Lake County Bd. of Commn'rsSouth Dakota Supreme Court · 2020
  4. Matter of Drainage Permit of McAreaveySouth Dakota Supreme Court · 2019
  5. SID No. 67 v. StateNebraska Supreme Court · 2021

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