(dissenting).
Essentially, I join the dissent of Justice Morgan. However, I wish to address the Summary Judgment granted in favor of the cabin owners. The Commission is absolutely precluded from disputing the cabin owners’ facts presented to the trial court. The cabin owners supported their Motion for Summary Judgment by numerous affidavits and showings; under SDCL 15-6-56(e), the Commission was required to affirmatively respond and set forth facts contravening the showing of the cabin owners. This was not done. Commission had no right to rest on its pleadings. If an adverse party does not respond, summary judgment, if appropriate, shall be entered against him. Peterson v. Rogers, 347 N.W.2d 580, 581 (S.D.1984). Commission’s only response was a memorandum. It was a defective, non-probative, non-evidentiary, non-statutory force. I do not believe that the State of South Dakota is even in court under the settled law of this state. This Court has consistently held that where the moving party complies with the procedures for summary judgment, the nonmoving party must set out the specific facts showing a genuine issue. See Smyser, The Summary Judgment-Ascertainment of the Genuine Issue, 16 S.D.L.Rev. 20 (1971). This case was ripe to be decided upon a Motion for Summary Judgment. A non-moving party may not rest upon the pleadings, but must present a response which sets forth specific facts through affidavit or other means of discovery which show a genuine issue of fact exists. SDCL 15-6-56(e); Lee v. Beauchene, 337 N.W.2d 827 (S.D.1983); Hunt v. Briggs, 267 N.W.2d 566 (S.D.1978); Hughes-Johnson Co. v. Dakota Midland Hospital, 86 S.D. 361, 195 N.W.2d 519 (1972). At oral argument, Commission’s counsel admitted no responsive affidavits were filed; Commission’s attorneys represented to the trial court that it did not dispute the facts set forth in the affidavits filed by the cabin owners. Acting thereupon, the trial court determined there would be no further hearing and the Motion for Summary Judgment could be determined. The cabin owners facially presented a sound case that the Commission could not change legislative policy and were statutorily without power to take adverse action against them. Cabin owners affirmatively deposed absolute duress and coercion by state officials with respect to their permits. How, then, with this unanswered, can the majority opinion, as Justice Morgan suggests, factually substantiate a voluntary consent to restrictive permits?
The gut holding of the trial court is that the Commission did not have the power to eliminate the leasing of these private cabins in Custer State Park. It appears to me that the State is trying to use “clean-up” legislation to springboard a new legislative intent. The legislature has the power to determine that which shall be the public policy of the State. The legislature cannot abdicate its essential power to enact basic policies into law, or delegate such power to any other department or body. Boe v. Foss, 76 S.D. 295, 77 N.W.2d 1 (1956).
There can be no doubt that the policy of the legislature has been, historically, to encourage the erection of summer cottages in Custer State Park. This started in 1919. In 1921, this policy was enlarged to make term leases or lots with the proviso that the summer cottages could not be on the slopes of Sylvan Lake. Ninety-nine year leases were offered by park personnel to private cabin owners to encourage them to locate their cabins within the park. In 1927, this was reiterated and the language was changed to leases for “erection of homes.” The legislature added a requirement that homes had to be located only in certain areas and were to be in areas which *411had been platted, surveyed, and designated by the park board.*
In 1945, the South Dakota Park Board and the Game and Fish Commission (separate entities) merged into the Department of Game, Fish and Parks. Nothing was said about an abdication of legislative policy of encouraging cottages or homes in Custer State Park. In fact, in the 1960 Supplement to the 1939 Code (in Title 25), the policy of encouragement was reaffirmed for under “additional powers of Commission” specifically 25.0106-1, in the preamble, it plainly stated that the Commission had certain powers and duties in addition to those referred to in the old Chapter 55.45 of the South Dakota Code of 1939.
In 1961, another section was added which essentially gave the Commission the power to grant easements but also the power to grant leases. So from 1921 to 1961, a period of 40 years in this State’s history, a policy of encouragement was authorized and mandated by the state legislature.
This brings us to 1966, when two laws were passed, which I believe to be clean-up legislation, and which ultimately brought about the controversy that exists today. These two laws are: § 1 of Chapter 8 and Chapter 23 of the 1966 Session Laws. Again, it is to be noted in Subsection (6) that “cabin sites” were expressly recognized. The Commission has leaped on the words “to service the needs of the public,” as if this meant that all private leases and ownership was intended to be abolished. The entire case of the State rests on those seven words.
A 1967 meeting was held and the Commission decided to give these cabin owners 15 years to terminate their leases. Not one of these cabin owners received any notice of this meeting. Immediately following the meeting, after the medicine was made, the cabin owners were notified of the decision. This was a power move by the Commission without any due process accorded.
We now take our minds down the road some 15 years. In 1982, the Commission decided (again) to terminate private ownership of cabins, cottages, homes (call them what you will) as of December 31, 1982. Essentially, if not in its entirety, the 1982 decision was based upon the 1967 meeting. The majority opinion is based upon a conclusion that the legislature impliedly renounced its earlier policy in 1966. It appears to me that a review of the statutes on the books at that time obviously discloses that the legislature was trying to clean up legislative enactments and put them under one roof. We had laws, in 1966, under various titles such as “State Government” or “Agriculture” or “Crime” or “Fire” and all of these pertained to laws relating to the Game, Fish and Parks Department. Inasmuch as SDC 55.45.09 was repealed, and evincing an intent to continue to recognize “cabin sites,” “cabin sites” was once again listed as a purpose and recognized in law in the 1966 act. Had the legislature not mentioned this, it would have been either an obvious oversight or it might be argued that intentionally the legislature would no longer recognize “cabin sites.”
Surely, there has been no clear legislative declaration that these cabin sites, summer cottages, or homes are to be eliminated in Custer State Park. SDCL 41-2-26 provides:
The department of game, fish and parks shall have the power and duty to grant easements, leases, or permits on property which it owns or controls, for public utilities, for agricultural purposes, for electrical power or telephone lines, towers for radio, television or radar, for cabin sites, and for concessions, for the developments, operation or management of facilities to service the needs of the public.
*412For some reason, the majority opinion fails to point out all of the statute and the very relevant part, that “[t]he department ... shall have the power and duty to grant ... leases ... on property which it owns or controls ... for cabin sites_” (Emphasis supplied.) If the legislature attempted to delegate the authority to the Commission to decide whether cabin site leasing should be eliminated from Custer State Park, such a delegation of power would be legislative in nature and could not be conferred upon the Commission. City of Bristol v. Horter, 73 S.D. 398, 402, 43 N.W.2d 543, 545-46 (1950). From the 1920’s, the state legislature recognized that Custer State Park was unique and declared policy with respect to its development. To allow the Commission to eliminate cabin site leasing within the Park based upon SDCL 41-2-26 and its legislative history would constitute an encroachment upon the legislature’s power by an administrative agency. Furthermore, there is an insufficient guide or standard imposed by the legislature to aid the Commission in exercising the legislative power to eliminate leasing private cabin sites in the Park. Affiliated Distillers Brands Corp. v. Gillis, 81 S.D. 44, 130 N.W.2d 597 (1964).
Therefore, I conclude, as did the trial court, that the Commission lacked the power to adopt a policy of elimination and that the action of the Commission in 1967 and 1982 to eliminate private cabin sites, summer cottages, or homes exceeded its jurisdiction. Its actions in this regard are therefore void. Moreover, and most importantly, the honor of the State of South Dakota is at stake. The citizenry were invited to invest, build, and lease; thereby, the people were governmentally induced to construct cottages in Custer State Park. Promises were made by Park officials. These promises are now broken by the Game, Fish and Parks Commission. Yes, originally in 1967, behind closed doors. Having served a pioneer and useful purpose, these cottages — like old shoes — are to be cast aside. Abandoned, in the annals of time, are the promises. The bludgeoning of the innocents is complete.
Original cabin owners were offered 99 year leases by Park officials. Based on this offer, predecessors to the current cabin owners were induced to build the cabins in the park rather than on nearby private land or on National Forest Land. After the cabins were built, Park officials repeated the promise that the leases would be issued for 99 years. This is substantiated by the record.