Legal Opinion

Krsnak v. Brant Lake Sanitary Dist.

South Dakota Supreme Court

Decided December 19, 2018No. 28352PublishedCited by 3 opinions

1Opinion of the CourtKern, Justice

[¶ 1.] The Brant Lake Sanitary District (the District) built an additional sewage lagoon to process wastewater from the Brant Lake area. The Krsnaks, who live a short distance from the new pond, brought an action against the District alleging a taking or damaging of their property and nuisance. The circuit court granted the District's motion for summary judgment on all claims. The Krsnaks appeal. We affirm.

Facts and Procedural History

[¶ 2.] The District designed and constructed a treatment pond to service the increase in wastewater flow in the Brant Lake area. This new pond, referred to as…

2Cases cited17 opinions

  1. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  2. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  3. Kuper v. Lincoln-Union Electric Co.South Dakota Supreme Court · 1996
  4. Hendrickson v. StateSupreme Court of Minnesota · 1964
  5. Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005

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3Cited by3 opinions

  1. Ehlebracht v. Crowned Ridge Wind II, LLC and S.D. Pub. Util. Comm'nSouth Dakota Supreme Court · 2022
  2. Preserve French Creek v. Custer CountySouth Dakota Supreme Court · 2024
  3. Morse v. StateSouth Dakota Supreme Court · 2026

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