Olson, Blake, Massie v. Butte County Commission
Olson, Blake, Massie v. Butte County Commission
Opinion
SEVERSON, Retired Justice *464 [¶1.] After considering a petition to vacate a public roadway and section line in Butte County, the County Commission entered a resolution vacating the road. Ben Blake, Jodi Massie, and Abby Olson (hereinafter collectively referred to as "Olson") jointly appealed the Commission's decision to the circuit court. The circuit court dismissed the appeal as untimely. We reverse and remand.
Background
[¶2.] On November 20, 2017, the Butte County Auditor received a petition requesting that the Butte County Commission vacate a certain public roadway and section line. The Commission gave notice by publication of a public hearing on the petition and held the hearing on January 11, 2018. After the hearing, the Commission received a letter requesting that the Commission not vacate a portion of the section line. The Commission considered the petition and the letter at its February 6 meeting and voted to approve the petition to vacate the public roadway and section line. The Commission, by resolution, entered an order to that effect and published the resolution and order on February 16 and February 23, 2018.
[¶3.] On March 27, 2018, Olson appealed the Commission's decision to vacate the public roadway and section line. Olson served notice of appeal on Commissioner Stan Harm. Chris Kling intervened and filed a motion to dismiss the appeal as untimely, asserting it was not filed within thirty days of the last date of publication (between February 23 and March 26). The County joined Kling's motion. In response, Olson argued the appeal was timely because it was filed within thirty days of the effective date of the Commission's decision. In Olson's view, the Commission's decision became effective on March 26, thereby commencing the time to appeal under SDCL 31-3-34.
[¶4.] After a hearing, the circuit court granted the motion to dismiss, concluding that Olson's time to appeal had expired (not commenced) on March 26. Olson appeals, asserting the circuit court erred when it dismissed the appeal as untimely.
Analysis
[¶5.] The facts of this case are undisputed, and we need only engage in statutory interpretation and construction. "[W]e adhere to two primary rules of statutory construction. The first rule is that the language expressed in the statute is the paramount consideration. The second rule is that if the words and phrases in the statute have plain meaning and effect, we should simply declare their meaning and not resort to statutory construction."
Goetz v. State
,
[¶6.] Olson appealed via SDCL 31-3-34. That statute provides in relevant part that:
[N]otwithstanding the provisions of § 31-3-14, any person who is a resident or landowner of such county or of land lying within ten miles of the boundaries of such county and who feels aggrieved by the final decision of the board in locating, vacating, or changing any public highway under the provisions of this chapter, may appeal from such decision to the circuit court for the county within *465 thirty days after the date on which the decision of the board has become effective by serving a written notice of appeal describing the decision from which appeal is being taken upon one of the members of the board by one of the methods prescribed in § 15-6-4.
[¶7.] Olson argues the Commission's decision could not "become effective" until it became enforceable. As support, Olson directs us to SDCL 31-3-9, which governs the publication requirements and provides that once the resolution is properly published, "such highway shall be, after a lapse of thirty days, vacated, changed, or located, without further proceedings unless appeal as provided for in this chapter." In Olson's view, because the Commission could not enforce its decision to vacate until thirty days after the last date of publication (so long as no appeal was filed), its decision could not, as the circuit court concluded, become effective on the date of last publication for purposes of SDCL 31-3-34. As further support, Olson emphasizes that nothing in SDCL 31-3-34 refers to the date of publication as being the effective date.
[¶8.] In response, Kling and the County maintain the Commission's decision became "effective" for purposes of SDCL 31-3-34 on the last date of publication under SDCL 31-3-9. They claim to conclude otherwise would mean a decision by the Commission could be challenged under SDCL 31-3-34 after the land comprising a vacated road has reverted to the original owner under SDCL 31-3-10. SDCL 31-3-10 provides:
Upon the discontinuance and vacation of a highway pursuant to §§ 31-3-6 to 31-3-9 , inclusive, the title to the land embodied therein shall revert to the original owners or their grantees or successors in interest, and any removable guardrails, culverts, or other public improvements upon such vacated highway may be removed and returned to the political subdivision by which the same were made or supplied.
(Emphasis added.) Kling also contends Olson's interpretation would create "an absurd and unreasonable result."
[¶9.] From our review of SDCL 31-3-34 and SDCL chapter 31-3 as a whole, we discern no legislative intent that the effective date under SDCL 31-3-34 is the last date of publication under SDCL 31-3-9. There is no reference to publication in SDCL 31-3-34 and nothing in SDCL 31-3-9 makes the Commission's resolution effective on the last date of publication.
*466
[¶10.] Therefore, to accept the interpretation advanced by Kling and the County would require us to add words to SDCL 31-3-34 and SDCL 31-3-9 that do not exist. This we cannot do. When we interpret legislation, we "cannot add language that simply is not there."
In re Petition for Declaratory Ruling
,
[¶11.] Because neither SDCL 31-3-34 nor SDCL chapter 31-3 aid in discerning legislative intent, we "look to the legislative history, title, and the total content of the legislation to ascertain the meaning."
See
LaBore v. Muth
,
[¶12.] "[O]ther enactments relating to the same subject" provide another tool of statutory construction in determining legislative intent.
State v. Burdick
,
[¶13.] Because the Legislature has not declared a different effective date for a resolution by a county commission vacating a road under SDCL chapter 31-3, we apply SDCL 7-18A-8 and conclude a commission's resolution and order vacating a road becomes effective under SDCL 31-3-34 twenty days after completed publication under SDCL 31-3-9. Admittedly, this interpretation means an appeal might be taken under SDCL 31-3-34 after a road is located, vacated, or changed and the land comprising the road has reverted to the original owners.
See
SDCL 31-3-9 and -10. Yet the remedy against this type of procedural issue exists with the Legislature. Indeed, to conclude otherwise would require us to rewrite SDCL 31-3-34 or other statutes within SDCL chapter 31-3 in direct violation of our judicial scope of authority to
*467
interpret what the Legislature said (not what we think it should have said). "[C]ourts have no legislative authority, and should avoid judicial legislation, a usurpation of legislative powers, or any entry into the legislative field."
In re Petition of Famous Brands, Inc.
,
[¶14.] The Commission's decision became effective twenty days after February 23, and Olson had thirty days after that date in which to appeal. Because Olson appealed on March 27, her appeal was timely, and the circuit court erred when it dismissed the appeal.
[¶15.] Reverse and remand.
[¶16.] GILBERTSON, Chief Justice, and KERN, JENSEN, and SALTER, Justices, concur.
SDCL 31-3-34 also provides that "[t]he appeal so taken shall be docketed as other causes pending in such court, and the same shall be heard and determined de novo." In
South Dakota Department of Game, Fish & Parks v. Troy Township
, we clarified that-despite statutory language prescribing de novo review-the appropriate standard of review depends on whether the Commission's action was quasi-judicial or not quasi-judicial.
Reference
- Full Case Name
- Abby OLSON, Ben Blake, and Jodi L. Massie, Appellants, v. BUTTE COUNTY COMMISSION, Appellee, and Chris Kling, Intervenor and Appellee.
- Cited By
- 10 cases
- Status
- Published