Opinion
File No. 8823.
Opinion filed April 21, 1947.
Highways.
In absence of a statute specifically authorizing an appeal to circuit court from an order of highway commission directing a removal of certain mileage of highway from county highway system, the statutes establishing a procedure for the conduct of appeal allowed by statute do not justify an appeal from such order. SDC 28.0302, 33.4201 et seq., 33.4201.
Appeal from Circuit Court, Grant County; Hon. Van Buren Perry, Judge.
Proceeding in the matter of the appeal of Milford Hansen and others to the circuit court from an order of the State Highway Commission approving or directing the removal of four miles of highway from the county highway system of Grant county. From an order dismissing the appeal, Milford Hansen and others appeal.
Order affirmed.
Mark W. Sheafe and D.K. Loucks, both of Watertown, for Appellants.
George T. Mickelson, Atty. Gen., and Ray F. Drewry, Asst. Atty. Gen., and Thomas Mani, State's Atty., of Milbank, for Respondents.
The appellants sought to appeal to the circuit court from an order of the Highway Commission made pursuant to SDC 28.0302 approving or directing the removal of four miles of highway from the county highway system of Grant County. The trial court dismissed the appeal "for want of jurisdiction of this Court for the reason that there is no specific statute authorizing said attempted appeal." The appeal is from the order of dismissal.
The question presented for decision is whether SDC 33.42 grants a right of appeal to the circuit court from the above described order of the Highway Commission. It is conceded that no statute has been enacted by the legislature specifically authorizing such an appeal.
The provisions of SDC 33.42 only were intended to establish a procedure for the conduct of appeals allowed by statute. We think that intention is made plain by the words "In all cases where an appeal is allowed by law * * *." SDC 33.4201.
The order of the trial court is affirmed.
All the Judges concur.
POLLEY, J., not sitting.