SD Supreme Court Sends Troy Township Vacated Roads Case Back To Circuit

Aug 17, 2017

Comments made by a Troy Township supervisor were pivotal in a South Dakota Supreme Court partial reversal. The court made its opinion public on Thursday, Aug. 17.

At issue is the vacating of roads in three townships in Day County. Game, Fish & Parks appealed those vacations to the Fifth Circuit, saying the township boards were trying to cut off public access to disputed bodies of water in Day County.

The state's high court ruled that it did not have constitutional authority to review the townships' decision to vacate, but it could determine if they acted arbitrarily. SDPB's Victoria Wicks has this report.

To hear coverage of the oral arguments in this case, click on the link below:

http://listen.sdpb.org/post/game-fish-parks-appeals-day-county-townships-vacating-roads

For coverage of a prior related opinion, click here:

http://listen.sdpb.org/post/sd-supreme-court-landowners-prevail-flooded-land-not-open-recreation