Lammers v. State

[¶1.] South Dakota Game, Fish & Parks (Department) entered Michael Lammers's farmland in Deuel County to build a new fence after a survey indicated that the physical boundaries between their properties did not coincide with the surveyed boundaries. Lammers filed an action against the Department seeking a declaratory judgment and permanent injunction. The Department moved for summary judgment, which the circuit court granted. We affirm.

Facts and Procedural History

[¶2.] Lammers owns and farms two tracts of land in Section 16 of Altamont Township, Deuel County. Tract 1 comprises *131the north half…