925 N.W.2d 463
S.D.2019Background
- Butte County Commission received a petition (Nov. 20, 2017) to vacate a public roadway and section line; held a public hearing (Jan. 11, 2018) and voted to vacate (Feb. 6, 2018).
- The Commission published its resolution and order on Feb. 16 and Feb. 23, 2018, pursuant to SDCL chapter 31-3 and related publication statutes.
- Olson (appellants) appealed the Commission’s decision to the circuit court and served notice on a commissioner on Mar. 27, 2018.
- Kling (intervenor) and the County moved to dismiss as untimely, arguing the 30-day appeal period ran from the last date of publication (Feb. 23), making the appeal late.
- Olson argued the appeal period runs from the date the board’s decision "becomes effective," which she contended occurred after the 30-day lapse under SDCL 31-3-9 (i.e., Mar. 26, 2018).
- The circuit court granted dismissal; the Supreme Court reversed, holding the resolution became effective 20 days after completed publication under SDCL 7-18A-8, so Olson’s Mar. 27 appeal was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the board’s decision "become effective" for the 30-day appeal period under SDCL 31-3-34? | Olson: "Effective" occurs when the decision is enforceable — after the 30-day lapse following publication under SDCL 31-3-9. | Kling/County: "Effective" occurs on the last date of publication (Feb. 23), so appeal period began then. | Court: Apply general county-resolutions rule (SDCL 7-18A-8); decision becomes effective 20 days after completed publication, so Olson’s appeal (Mar. 27) was timely. |
Key Cases Cited
- Goetz v. State, 636 N.W.2d 675 (S.D. 2001) (statutory construction: plain language controls and avoid adding words)
- South Dakota Dep’t of Game, Fish & Parks v. Troy Township, 900 N.W.2d 840 (S.D. 2017) (discusses when road-vacation decisions are quasi-judicial and standard of review)
- LaBore v. Muth, 473 N.W.2d 485 (S.D. 1991) (use legislative history, title, and total content to ascertain statutory meaning)
- In re Petition for Declaratory Ruling, 877 N.W.2d 340 (S.D. 2016) (courts must not add language to statutes)