Legal Opinion
Willoughby v. Grim
South Dakota Supreme Court
Decided July 1, 1998No. NonePublishedCited by 26 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] The question in this appeal is whether a township board may be compelled by writ of mandamus to repair a secondary road to specifications set by the circuit court. Mandamus is a proper remedy to require the board to comply with its statutory duty to maintain secondary roads, but we conclude that absent legislative standards for township highways, mandamus cannot dictate the character of the repairs. Affirmed in part and reversed in part.
Facts
[¶ 2.] In 1959, Harvey Willoughby bought a three-acre parcel on Lake Francis Case. He subdivided it into five lots and…
2Cases cited40 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Koon v. United StatesSupreme Court of the United States · 1996
- Rodriguez v. SolisCalifornia Court of Appeal · 1991
- In Re the Termination of the Franchise Agreement Between Groseth International, Inc.South Dakota Supreme Court · 1989
- Musselman v. GovernorMichigan Supreme Court · 1995
35 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Krier v. Dell Rapids Twp.South Dakota Supreme Court · 2006
- Baker v. AtkinsonSouth Dakota Supreme Court · 2001
- Black Hills Central Railroad v. City of Hill CitySouth Dakota Supreme Court · 2003
- H & W Contracting, LLC v. City of WatertownSouth Dakota Supreme Court · 2001
- Hogs R US v. Town of FairfieldUtah Supreme Court · 2009
21 more not listed; retrieve them via the Exa API.