790 N.W.2d 491
S.D.2010Background
- State trunk highway through Colman; Colman ticketed speeders under city ordinance, not state law.
- State Attorney General advised Colman city ordinance on state highway is unauthorized.
- Colman sought declaratory judgment; circuit court sided with Attorney General; Colman appeals.
- State law sets speed limits on state trunk highways by the State Transportation Commission; violations are state offenses.
- Colman’s speed-limit fines distribute 65/35 to city and state vs state-trunk fines go entirely to school districts.
- Court evaluates whether city’s authority can regulate state trunk highways and preempts local regulation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether city may enforce its speed limit on a state trunk highway. | Colman relies on SDCL 9-31-1, 9-31-3, 9-29-1, 32-14-5 to claim authority. | State regulates state trunk highways; city lacks authority over state highways. | No; city cannot enforce city speed limit on state trunk highway. |
| Whether state preempts local regulation of state trunk highways. | Statutes authorize local traffic regulation within limits. | Legislature preempts field; state controls state trunk highways. | State preempts local traffic regulation on state trunk highways. |
| Whether statutory scheme shows legislative intent to occupy the field. | Statutes collectively empower cities over traffic within limits. | State trunk highways under state control; limited city authority. | Legislature intended to occupy the field; Colman lacks authority. |
Key Cases Cited
- South Dakota v. Hirsch, 309 N.W.2d 832 (S.D. 1981) (authority to arrest violations on state highways)
- In re Yankton County Com’n, 670 N.W.2d 34 (S.D. 2003) (preemption analysis for local regulation)
- Elkjer v. City of Rapid City, 695 N.W.2d 235 (S.D. 2005) (cities have limited powers; implied powers are narrow)