The SD Supreme Court handed down one decision this
morning, holding inter alia:
- Public Road exists, despite lack of obligation
of maintenance by County or Township
Summary follows:
NELSON v. GARBER, 2021
S.D. 32: This dispute, which arose
Roberts County, is summarized in the 1st paragraph of the Court’s
opinion:
[¶1.]
Nelsons, Garber, and Dakotaraptor dispute their ownership interest in a section
of roadway in the Bayview East Addition, referred to as Caster’s Road. The
circuit court granted summary judgment in favor of Garber and Dakotaraptor. It
held that Caster’s Road is a public road that the county or township does not
maintain, and the Nelsons hold no right to control who uses the road. The
Nelsons appeal the circuit court’s order. We affirm.
This decision holds that a
road may be a public road even if it is not maintained by a township or county,
despite the fact contrary language on the recorded plat states that the road is
dedicated for “Private Use.” The trial
court’s consideration of parol evidence on this issue was upheld. Footnote 6 of the opinion is also helpful in
understanding this case:
6.
Our holding today does not require the County or Township to maintain Caster’s
Road. See SDCL 11-3-12 (approval of a plat does not require governing body to
“open, improve, or maintain” dedicated streets).
This decision is
unanimous, with opinion authored by Justice Myren.
This decision may be
accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
