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MATTERS v. CUSTER COUNTY

No. 19024.

538 N.W.2d 533 (1995)

Justin MATTERS and Mark Matters, Petitioners and Appellants, v. CUSTER COUNTY, a Political Subdivision of South Dakota, and Custer County Commissioners: Jack Lintz, Dan Dooley, and Oakley Hoy, in Their Official Capacity, Appellees.

Supreme Court of South Dakota.

Reassigned August 17, 1995.

Decided October 11, 1995.

Attorney(s) appearing for the Case

Mark F. Marshall of Bangs, McCullen, Butler, Foye and Simmons, Rapid City, for petitioners and appellants.

Gregory J. Barnier, Custer County Deputy State's Attorney, Custer, for appellees.

GILBERTSON, Justice (on reassignment).

Justin and Mark Matters appeal the circuit court's denial of an alternative writ of mandamus to compel Custer County to maintain and repair a road. We reverse and remand with direction to enter the writ.

ISSUE PRESENTED

IS THE ROAD USED BY MATTERS A PUBLIC HIGHWAY WHICH MUST BE MAINTAINED BY CUSTER COUNTY?

FACTS AND PROCEDURE

Justin and Mark Matters (Matters) use a road located in Custer...

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