Asper v. Nelson

[1Í1J Two township residents petitioned the circuit court to issue a writ of mandamus compelling the township to repair and maintain two secondary roads. After two hearings, the circuit court denied the request to issue a writ because the court concluded that the township proved that it was unable to perform its mandatory duty to repair and maintain the two secondary roads. The residents appeal. We affirm.

Background

[¶2.] On November 19, 2015, Timothy Asper and Galazin Family, LLC petitioned the circuit court to issue a writ of mandamus ordering Raritan Township in Day County, South Dakota, to…