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ASPER v. NELSON

28006.

896 N.W.2d 665 (2017)

2017 S.D. 29

Timothy ASPER and Galazin Family, LLC, Petitioners and Appellants, v. Bradley NELSON, Robert Sichmeller and Ray Lardy, as supervisors for Raritan Township and Raritan Township, Day County, South Dakota, Respondents and Appellees.

Supreme Court of South Dakota.

OPINION FILED May 24, 2017.

Attorney(s) appearing for the Case

DAVID A. GEYER , of Delaney, Nielsen & Sannes, PC, Webster, South Dakota, Attorneys for petitioners and appellants.

JAY M. LEIBEL , Madison, South Dakota, Attorney for respondents and appellees.

[¶ 1.] Two township residents petitioned the circuit court to issue a writ of mandamus compelling the township to repair and maintain two secondary roads. After two hearings, the circuit court denied the request to issue a writ because the court concluded that the township proved that it was unable to perform its mandatory...

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