Lee v. Schultz

SABERS, Justice (on reassignment).

Ralph and Carolyn Lee (Lees) appeal a verdict for Mark Schultz (Schultz) in Lees’ nuisance action for an injunction and damages. We reverse and remand.

Facts

Lees and Schultz farm adjoining tracts of land in Moody County, South Dakota. There are two sloughs on Schultz’ land — a small one consisting of nine acres and a large one consisting of thirty-two acres. The small slough drains naturally across a road and onto Lees’ land. Prior to 1981, the large slough was a land-locked basin with no natural outlet. In January of 1981, Schultz dug a nine-feet-deep ditch…