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COESTER v. WAUBAY TP.

28377.

909 N.W.2d 709 (2018)

2018 S.D. 24

William E. COESTER and Judy A. Coester, Petitioners and Appellants, v. WAUBAY TOWNSHIP, an organized township and political subdivision of the State of South Dakota, and Theodore Wasilk a/k/a Ted Wasilk, Neil Holsher and Terry Zubke, each in their capacity as Township supervisors, Respondents and Appellees.

Supreme Court of South Dakota.

Opinion Filed March 14, 2018.

Attorney(s) appearing for the Case

WILLIAM E. COESTER of Coester Schwandt Law Office Milbank, South Dakota, Attorneys for petitioners and appellants.

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

[¶ 1.] William and Judy Coester (Petitioners) made numerous requests to Waubay Township to maintain roads accessing their property. After the Township refused each request to maintain the roads, Petitioners applied for a writ of mandamus from the circuit court. The circuit court denied the writ, determining that the Township had...

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