Brandt v. County of Pennington

SEVERSON, Justice.

[¶ 1.] In 1994, Robert Brandt granted a drainage easement to Pennington County on land he owned in the Sila Subdivision. In 1996, the County repaired a section of Clarkson Road, which abutted Brandt’s land. After the road repair, silt began to accumulate near the bottom of the canyon on part of Brandt’s land. Brandt provided written notice to the County in 2009 for damages. He filed suit for nuisance, constructive taking, trespass, and unlawful taking in late 2010. The County moved for summary judgment. After an April 2012 hearing, the trial court granted the motion after…