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TRIPP COUNTY v. DEPT. OF TRANSP.

No. 15997.

429 N.W.2d 473 (1988)

TRIPP COUNTY, Plaintiff and Appellant, v. DEPARTMENT OF TRANSPORTATION, STATE of SOUTH DAKOTA, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 21, 1988.

Attorney(s) appearing for the Case

Donald E. Covey, and Kathleen F. Trandahl of Covey Law Office, Winner, for plaintiff and appellant.

Carl W. Quist, Asst. Atty. Gen., Pierre, for State of S.D. Dept. of Transp.

MILLER, Justice.

The issue in this appeal is whether a county continues to have the duty to repair and maintain a highway after it has been legislatively removed from the county highway system and placed on the state trunk highway system. We hold that it does not.

FACTS

In 1986, the South Dakota Legislature amended SDCL 31-4-169 by adding a section of highway in Tripp County, South Dakota (County) to the state trunk highway system (see 1986...

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