23 N.W.2d 794 | S.D. | 1946
The Board of County Commissioners of Ziebach County, purporting to act under the authority of Sec. 6, Ch. 25, Laws of 1939, as amended by Ch. 38, § 2, Laws of 1941, exchanged certain county owned land for land owned by one Mitchell. The respondent Holmes, was in possession of the county land under a lease, and appealed from the action of the County Commissioners to the circuit court. The circuit court held that the action of the board in exchanging the land was unauthorized and the board has appealed to this court.
[1-5] Two questions preliminary to the merits are presented. Appellant first contends that the act of the board in exchanging this land is of such a character that it cannot be reviewed on appeal. In support of this contention appellant cites and relies upon Pierre Water-Works Co. v. Hughes County, 5 Dak. 145, 37 N.W. 733; Codington County v. Board of Commissioners of Codington County,
"It is clear that, if the circuit court had heard, without objection, the merits of the appeal, it could not have substituted its judgment for that of the board. * * * Its power could have been manifested only by affirming or vacating the action of the board; and this, it sems to us, marks the distinction between quasi-judicial action on the one hand and administrative action on the other. If the action appealed from is quasi-judicial, then the court on appeal can do what it finds the board should have done, but, if the action appealed from is not quasi-judicial, then the court, upon appeal, cannot substitute its judgment for that of the board."
Clearly the circuit court on appeal could not substitute its judgment for that of the board as to the wisdom of making the exchange. But involved in the appeal to the circuit court was the question of the validity of the exchange of land as made by the board. Was it within the power of the board to make the exchange, was a question before the court. The statute only authorizes the exchange of "scattered and isolated tracts" of county land. The determination of whether the land involved was a "scattered and isolated" tract was a fact question the determination of which depended upon investigation and evidence of some kind and is quasi-judicial in characted. Hoyt v. Hughes County, *262
[6-10] The second preliminary question relates to the right of Holmes to appeal from the action of the board. The statute, Sec. 10, Ch. 25, Laws of 1939, gives the right of appeal only to a "person aggrieved." It is contended that Holmes is not a person aggrieved within the meaning of the statute. A grievance which a person might suffer simply as an elector or taxpayer is not such a grievance as the statute contemplates. The appellant must show a personal, peculiar or individual interest in the decision of the board to maintain his right to appeal. Barnum v. Ewing et al.,
[11, 12] Upon the merits the trial court found that "Ziebach County owned certain lands adjoining" the land the board purported to exchange. This finding is unchallenged. We think it clear if the legislature intended land adjoining other county owned land should be subject to the exchange provisions the limitation to "scattered and isolated" tracts would be contrary to such intention. Webster's New International Dictionary, Second Edition, defines "Scattered" as "Dispersed; separated irregularly, esp., in location;" and "Isolated" as "Placed or standing alone, detached; *264 separated; solitary." Looking to the purpose of Ch. 25, Laws of 1939, we find nothing therein which indicates that the legislature intended to use the words "scattered" and "isolated" with any other than their ordinary and well understood meaning. It is our opinion that land adjoining other land owned by the county is not a "scattered and isolated" tract within the meaning of the statute.
The judgment appealed from is affirmed.
MUNDT, Circuit Judge, sitting for POLLEY, J.
All the Judges concur.