Christensen v. Carson

533 N.W.2d 712, 1995 S.D. LEXIS 68, 1995 WL 368329
CourtSouth Dakota Supreme Court
DecidedJune 21, 1995
Docket18717
StatusPublished
Cited by12 cases

This text of 533 N.W.2d 712 (Christensen v. Carson) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christensen v. Carson, 533 N.W.2d 712, 1995 S.D. LEXIS 68, 1995 WL 368329 (S.D. 1995).

Opinions

ROBERT A. MILLER, Chief Justice (on reassignment).

City appeals from trial court’s grant of writ of mandamus compelling a vote on an initiated city ordinance. We reverse and remand.

FACTS

The City Council of the City of Wessington Springs (City) seeks to establish a municipal airport. After a series of informational meetings, the Wessington Springs Municipal Airport project was included in the National Plan of Integrated Airport Systems on May 16, 1990. A local Airport Advisory Board was established on September 12, 1990. Appropriations for the airport project are included in the City’s annual budget. City hired consulting engineers to assist in planning the Airport. On August 5, 1991, City created its Airport Board under SDCL ch. 50-6. In a grant agreement with City, the Department of Transportation, Federal Aviation Administration (FAA), agreed to pay ninety percent of the planning costs for the project.

On November 4, 1991, the City entered into an Agency Agreement with the South Dakota Department of Transportation, providing that the development of the airport is in accord with the objectives and purposes of the State, for a public purpose, and to the benefit of the State. Although $18,892.47 has been spent on the airport project, only $1,889.24 are city funds.

Appellees Chris Christensen and Clifford Bergeleen (hereinafter collectively referred to as Christensen) presented an initiated petition to City on June 7, 1993, which stated:

AIRPORTS OR LANDING FIELDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WESS-INGTON SPRINGS, SOUTH DAKOTA, AS FOLLOWS:
SECTION 1. The City of Wessington Springs shall not acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, or regulate any airports or landing fields for the use of airplanes or other aircraft within or without the corporate limits of the City of Wessington Springs, South Dakota.
SECTION 2. The grass landing strip the City of Wessington Springs has long had an interest in may continue to be used in the same manner as it has in the past, but it is otherwise subject to Section 1.

City rejected the petition as beyond the proper scope for initiated action. Christensen sought a writ of mandamus to compel a public vote on the proposed ordinance. The trial court denied Christensen’s request, holding that the initiated measure would im-permissibly abrogate legislative power given to the city by state statute.

On November 1,1993, Christensen submitted a new initiated measure to the city finance officer, which stated:

AIRPORTS OR LANDING FIELDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WESS-INGTON SPRINGS, SOUTH DAKOTA, AS FOLLOWS:
SECTION 1. The City of Wessington Springs, recognizing the discretionary authority granted in SDCL 50-7-2, hereby elects to cease any and all activities relating to the acquisition, establishment, or construction of a new airport facility or landing field, for a term and period of one (1) year from the date this Ordinance takes effect, in accordance with SDCL 9-20-17.
SECTION 2. This Ordinance is specifically not intended to abrogate any State Statute.

City rejected the petition as beyond the proper scope of the initiative process. Christensen sought a writ of mandamus to force the initiative to a public vote. The trial court granted the request for writ of mandamus, holding that the initiated measure only sought to delay implementation of legislative power granted to the city and did not abrogate the power itself. City appeals.

[714]*714ISSUE

IS THE PROPOSED ORDINANCE WITHIN THE PROPER SCOPE OF THE INITIATIVE POWER?

We are asked to determine whether the proposed ordinance of November 1,1993, falls within the scope of the initiative process outlined in the South Dakota Constitution and SDCL 9-20-18 and -19. Statutory construction is a matter of law and we consider such decisions without deference to the decision of the trial court. Rural Pennington Cty. Tax Ass’n v. Dier, 515 N.W.2d 841, 843 (S.D.1994). We determine the intent of a statute from the statute as a whole, from its language, and by giving it its plain, ordinary and popular meaning. Id.

South Dakota Constitution, art. Ill, § 1, provides to the people the right to refer legislative acts to a public vote.

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Christensen v. Carson
533 N.W.2d 712 (South Dakota Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
533 N.W.2d 712, 1995 S.D. LEXIS 68, 1995 WL 368329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christensen-v-carson-sd-1995.