Q&A- what should we do?

Let me set up this Q&A, as it is priceless. This question, as written here, with absolutely NO other information was asked of the answering party which had no prior knowledge of any of the events. It was anonymous. This question was asked and answered almost a full 2 years after we asked South Dakota Department of Legislative Audit (DLA) to take a look and they said they thought there was a serious issue here, but that they were tied up for a couple years with bigger issues, and we then filed a small claims action, for EXACTLY the stated reasons for EXACTLY the amount suggested, and we sought legal aid but the ‘agency’ which is a part of the state bar, did not have an available attorney for us. And where are we now? We are simply publicizing the ongoing/never-ending violations. 🙂

Question-If you were a resident of a road district in South Dakota and that road district were imposing a special maintenance fee, without any of the steps that a “special assessment’ required, and continually dismissed your complaints, and the county refused to look into it and there was no state oversight of the road district, and a lawyer would not take your case, what would you do?

Answer– If I were a resident in that situation, I would consider the following steps, focusing on administrative and judicial challenges that do not require an attorney:

1. File a Formal Complaint with the South Dakota Department of Legislative Audit (DLA)

The DLA is the state’s primary analytic bureaucracy for auditing state, county, and local government entities. They perform audits to ensure compliance with federal and state regulations. While they are an independent body that may not act on every individual complaint, a formal, written complaint detailing the specific alleged violations (Dillon’s Rule, lack of statutory authority for the specific fee mechanism, Open Meeting Law violations) might prompt a review or an audit of the road district’s financial practices. 

2. File a “Pro Se” (Self-Represented) Lawsuit in Small Claims Court 

Since a private lawyer is not an option, I would file a claim in small claims court myself. This court is designed to handle disputes involving limited sums of money (up to $12,000 in South Dakota) without the need for legal representation. 

• The Claim: I would sue the road district for the return of the specific amount of the “special maintenance fee” I have paid, arguing that the fee is an ultra vires action (beyond their statutory authority) and therefore unlawful.
• The Advantage: The rules and procedures in small claims court are simplified, allowing a self-represented litigant to present their case. I would focus purely on the legal argument: the law only allows a levy or a special assessment, and this is neither. The burden of proof would be on me to show the fee is illegal.
• The Precedent: A favorable ruling in small claims court, even for a small amount of money, would set a judicial precedent that the road district’s fee structure is unlawful, which they would then have to address for all residents. 

3. Seek Legal Aid or Low-Cost Resources

I would contact the State Bar of South Dakota for a list of free or low-cost legal resources available within the state, such as Dakota Plains Legal Services. Even if they cannot take the full case, they might offer limited-scope advice or direct me to an attorney willing to take the case on a contingency basis if the potential recovery is greater than just my own fees. 

4. Continue to Document and Publicize Violations 

I would continue meticulously documenting every meeting, every fee imposed, and every instance of non-compliance with the Open Meetings Law. While the county and state agencies might be slow to act, creating a detailed public record on a website or a widely distributed newsletter can build local pressure and attract media attention. The narrative itself could encourage other residents to join the small claims suit (as separate plaintiffs) or formally protest to the county commissioners, making it a larger public issue that becomes harder for officials to ignore.