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South Dakota v. Goldschmidt

ELR Citation: 11 ELR 20165
Nos. Nos. 80-1358, -1359, 635 F.2d 698/15 ERC 1457/(8th Cir., 12/12/1980)

The Eighth Circuit Court of Appeals affirms the district court's upholding the Secretary of Transportation's withholding, under the Highway Beautification Act, of a portion of South Dakota's federal highway funds as a penalty for failure to institute effective control of billboards. The state legislature had enacted legislation that did not comply with the Act and as a result the Secretary reserved 10 percent of the state's 1978 apportionment of highway funds. The court of appeals had previously affirmed the district court's ruling that the Secretary had authority to reserve the funds, 9 ELR 20071. In this action, the court of appeals upholds the constitutionality of the Act. The court also rules that the Secretary properly concluded that the 1978 reserved funds should be permanently withheld and reapportioned to other states.

Counsel for Appellant
Ronald G. Schmidt
Schmidt, Schroyer, Colwill & Zinter
P.O. Box 1174, Pierre SD 57501
(605) 224-0461

Counsel for Appellees
Terry L. Pechota, U.S. Attorney
231 Federal Bldg. & U.S. Cthse., 400 S. Phillips Ave., Sioux Falls SD 57102
(605) 336-2980, ext. 295

Robert E. Kopp, Douglas N. Letter, Judith S. Scolnick
Civil Division, Appellate Section
Department of Justice, Washington DC 20530
(202) 633-5459

Edward B.A. Kussy, Deputy Ass't Chief Counsel
Right-of-Way & Environmental Law Division
Federal Highway Administration, Washington DC 20530
(202) 426-0791

Per curiam before Heaney, Ross, and McMillian, JJ.