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WILLOUGHBY v. GRIM

No. 20174.

581 N.W.2d 165 (1998)

1998 SD 68

Harvey WILLOUGHBY, Velma Willoughby, Eugene Kirsch, Les Hertz, Kathy Hertz, Jack Gunvordahl, Belinda Gunvordahl, Patrick Koerner, Gayle Koerner, Lorraine Gunvordahl, Melvin Juran and Charlene Joran, Petitioners and Appellees, v. Richard GRIM, Mark Williams, Curly Haisch, David Marts, and Phyllis Marts, as Whetstone Township Board, Respondents and Appellants.

Supreme Court of South Dakota.

Decided July 1, 1998.

Attorney(s) appearing for the Case

J.M. Grossenburg of Grossenburg Law Office, Winner, for petitioners and appellees.

Rick Johnson of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, for respondents and appellants.

KONENKAMP, Justice.

¶ The question in this appeal is whether a township board may be compelled by writ of mandamus to repair a secondary road to specifications set by the circuit court. Mandamus is a proper remedy to require the board to comply with its statutory duty to maintain secondary roads, but we conclude that absent legislative standards for township highways, mandamus cannot dictate the character of the repairs. Affirmed in part and reversed in part...

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