S. D. TRUCKING ASS'N v. S. D. DEPT. OF TRANSP.

Nos. 13334, 13341.

305 N.W.2d 682 (1981)

SOUTH DAKOTA TRUCKING ASSOCIATION, INC., a South Dakota Corporation; United Parcel Service, Inc., an Ohio Corporation; American Freight Systems, Inc., a Delaware Corporation; Dan Dugan Transport Company, a South Dakota Corporation; Barber Transportation Company, a South Dakota Corporation; Campbell Supply Company, a South Dakota Corporation; L. G. Everist, Inc., an Iowa Corporation; Universal Transport, Inc., a South Dakota Corporation, Plaintiffs and Appellees, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION; Eugene L. Rowen, in his capacity as Secretary of the South Dakota Department of Transportation; South Dakota State Transportation Commission; Robert Appelwick, Patrick Beckman, Roger Bernard, James Doyle, Donald Jacobsen, Jerry Leidholt, James L. Rothstein, James H. Sharp, Jerry Shoener and Gene Grossenburg, in their capacity as members of the South Dakota State Transportation Commission, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 6, 1981.


Attorney(s) appearing for the Case

Robert L. Thomas of May, Johnson, Doyle & Becker, Sioux Falls, for plaintiffs and appellees.

Carl W. Quist, Asst. Atty. Gen., Pierre, for defendants and appellants; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.


DUNN, Justice.

This is an appeal from a declaratory judgment and writ of mandamus entered in favor of appellees. We affirm.

The facts of this case are quite simple. On October 29, 1975, the South Dakota State Transportation Board (Board) adopted rules that allowed for vehicles with a gross weight of up to 95,000 pounds to be operated upon the interstate highway system. ARSD 70:01:04:41-45. Prior to that date the maximum weight limit was 80,000 pounds. Permits...

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