Coester v. Waubay Township

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The Supreme Court affirmed the circuit court’s denial of Petitioners' petition for a writ of mandamus, in which Petitioners sought to force Waubay Township to maintain roads accessing their property. In denying the writ, the circuit court determined that the Township had no duty to maintain the roads because they were not part of the township road system. The Supreme Court affirmed, holding (1) Petitioners failed to meet their burden of proving that the Township was required to maintain the roads under S.D. Codified Laws 31-13-1; and (2) therefore, the circuit court did not abuse its discretion in denying the petition for writ of mandamus. View "Coester v. Waubay Township" on Justia Law