State Department of Game, Fish & Parks v. Troy Township

The Department of Game, Fish, and Parks appealed the administrative actions of Troy, Valley, and Butler Townships’ respective boards of supervisors that vacated portions of several section-line highways in Day County, arguing that the highways provided access to bodies of water held in trust by the State for the public. The circuit court affirmed in part and reversed in part. The Supreme Court affirmed the circuit court’s decision in regard to Valley and Butler Townships but reversed and remanded in regard to Troy Township, holding (1) the circuit court did not err in imposing the burden of proof on the Department; (2) the question of whether the public harm of cutting of access to a public resource is outweighed by the public benefit in vacating the highway at issue is a policy question and therefore not properly answered by the courts; (3) the circuit court’s findings that the Valley and Butler Townships’ actions were not arbitrary were not erroneous, but Troy Township’s resolutions and orders were arbitrary; and (4) the Department was not denied due process. View "State Department of Game, Fish & Parks v. Troy Township" on Justia Law