Legal Opinion

Matter of Drainage Permit of McAreavey

South Dakota Supreme Court

Decided January 9, 2019No. 28525PublishedCited by 5 opinions

1Opinion of the CourtJensen, Justice

[¶ 1.] Mark DeSchepper appeals the circuit court's determination that the Minnehaha County Board of Commissioners (County) properly granted two drainage permits to Jason and Vernon McAreavey (McAreaveys). DeSchepper also claims that the court erred in granting summary judgment dismissing his claims for damages, injunctive relief, and abatement of nuisance against the McAreaveys and the County. We affirm.

Background

[¶ 2.] The McAreaveys and DeSchepper own land in and around Twin Lake, a small lake located in Clear Lake Township in rural Minnehaha County. Twin Lake was originally comprised of…

2Cases cited16 opinions

  1. Thompson v. AndrewsSouth Dakota Supreme Court · 1917
  2. Northwestern Bell Telephone Co. v. StofferahnSouth Dakota Supreme Court · 1990
  3. Winterton v. ElversonSouth Dakota Supreme Court · 1986
  4. Osman v. Karlen and AssociatesSouth Dakota Supreme Court · 2008
  5. Knodel v. Kassel TownshipSouth Dakota Supreme Court · 1998

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Weiland v. BumannSouth Dakota Supreme Court · 2025
  2. Sheard v. HattumSouth Dakota Supreme Court · 2021
  3. Dunham v. Lake Cty. CommissionSouth Dakota Supreme Court · 2020
  4. Carmody v. Lake County Bd. of Commn'rsSouth Dakota Supreme Court · 2020
  5. Hostler v. Davison County Drainage CommissionSouth Dakota Supreme Court · 2022

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