Hein v. Marts

I concur in the result.

I do not find Tisher v. Jarrett, 75 S.D. 503, 68 N.W.2d 592 (1955), controlling here. Tisher was decided under the old doctrine of whether injunction was proper in order to avoid a multiplicity of lawsuits for continuing damages caused by obstructing the water flow.

Here, we are concerned that the plaintiffs did not follow the appeal procedure provided for one aggrieved by the final decision of the Water Rights Commission. If the Commission had given the proper notice, I would hold the plaintiffs to the statutory remedy of appeal which would have given them complete…