In Re Cancellation of the Stabio Ditch Water Right on Spearfish Creek

Although I fully agree with this writing and the result, there is but one objection and line of thought to which I cannot subscribe.

Although I agree with the concept that equitable estoppel should not be established in favor of Johnson, I disagree with the statement that “[t]he essential element of equitable estoppel is fraud.”

I have written at great length on this subject, in this Court, that is, the subject of equitable estoppel, and academically attempted to delineate various types of estop-pel and the ingredients thereof. See L.R. Foy Constr. v. South Dakota State Cement Plant, 399 N.W.2d…