State, Department of Game, Fish & Parks v. Troy Township
2017 SD 50
| S.D. | 2017Background
- In 2014 Troy, Valley, and Butler Townships (Day County, SD) approved petitions to vacate multiple section-line highway segments; some segments provided access to nonmeandered waters on private land or to public conservation areas.
- SDCL 31-18-1 creates section-line highways by operation of law; SDCL 31-3-6 authorizes townships to vacate highways if "the public interest will be better served."
- The South Dakota Department of Game, Fish, and Parks (the Department) objected, claiming the vacations denied public access to public resources; it appealed the township resolutions to the circuit court.
- The circuit court granted summary judgment for the Department on two Troy segments (shared with another township), then held de novo hearings and ultimately affirmed most vacations as non-arbitrary.
- On further appeal to the South Dakota Supreme Court the Department raised five issues including burden of proof, whether vacations served the public interest, denial of public access, arbitrariness, and due process.
- The Supreme Court affirmed Valley and Butler Township outcomes, reversed Troy Township, and remanded Troy for rehearing because Troy’s chairman made statements showing impermissible consideration of preventing public access.
Issues
| Issue | Plaintiff's Argument (Department) | Defendant's Argument (Townships) | Held |
|---|---|---|---|
| Burden of proof on appeal | Circuit court improperly placed burden on Department despite statutory de novo appeal | Statutes call for de novo but separation-of-powers limits review | For Department to prove township acted unreasonably/arbitrarily; de novo review not permitted for non‑quasi‑judicial acts |
| Whether vacating highways better serves public interest | Vacations harm public access and thus cannot serve public interest | Statute vests township discretion to weigh public interests | Courts will not substitute judgment on policy; question is non‑quasi‑judicial and not reviewable on the merits |
| Whether vacations denied access to public resources | Townships cannot vacate highways that provide access to public waters/public resources | SDCL 31‑3‑6 permits vacating if public interest favors it; special statute exists only for public lands (31‑3‑6.1) | No per se bar to vacating highways that provide access to public waters; relevance depends on township’s balancing and is a policy determination |
| Whether township decisions were arbitrary / improper motives | Decisions were arbitrary, based on improper motives, inadequate process, and insufficient evidence | Boards inspected roads, cited safety, maintenance, and resource considerations; actions reasonable | Valley and Butler not arbitrary on record; Troy arbitrary because chairman’s statements showed decision premised on preventing public access |
| Whether Department was denied due process | Department was entitled to fair impartial hearing and statutory procedural compliance | Vacating highways is non‑quasi‑judicial; constitutional due process inapplicable; only statutory process required | No constitutional due process right; Department failed to show statutory defects caused prejudice; no new hearing required except for Troy remand |
Key Cases Cited
- Douville v. Christensen, 641 N.W.2d 651 (S.D. 2002) (history and operation of section‑line highways)
- Duerre v. Hepler, 892 N.W.2d 209 (S.D. 2017) (context regarding nonmeandered waters and public access disputes in Day County)
- Pierre Water‑Works Co. v. Hughes County, 37 N.W. 733 (Dak. 1888) (separation‑of‑powers limits on de novo review of administrative acts)
- Codington County v. Bd. of Comm’rs, 212 N.W. 626 (S.D. 1927) (no right to appeal non‑quasi‑judicial administrative decisions)
- Dunker v. Brown County Bd. of Education, 121 N.W.2d 10 (S.D. 1963) (limited deferential review for non‑quasi‑judicial administrative actions)
- Mortweet v. Ethan Bd. of Education, 241 N.W.2d 580 (S.D. 1976) (discussion of separation‑of‑powers and administrative appeals)
- Motor Vehicle Mfrs. Ass’n v. State Farm, 463 U.S. 29 (U.S. 1983) (arbitrariness review: agency must show rational connection between facts found and choice made)
- Prentis v. Atlantic Coast Line Co., 211 U.S. 210 (U.S. 1908) (test distinguishing quasi‑judicial from legislative/administrative acts)
- Champion v. Bd. of County Comm’rs, 41 N.W. 739 (Dak. 1889) (early treatment of administrative action as judicial or nonjudicial)