Legal Opinion

Duerre v. Hepler

South Dakota Supreme Court

Decided March 15, 2017No. 27885PublishedCited by 4 opinions

1Opinion of the CourtWilbur, Justice

[¶1.] Multiple landowners in Day County, South Dakota brought suit against the South Dakota Department of Game, Pish and Parks (GF&P), Secretary Jeffrey Vonk, the State of South Dakota, and certain unnamed defendants for declaratory and injunctive relief concerning the public’s right to use the waters and ice overlying the landowners’ private property for recreational purposes. The circuit court granted the landowners’ request to certify a defendant class to include individuals who have used or intend to use the flood-waters located on the landowners’ property for recreational purposes. The…

2Cases cited35 opinions

  1. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Robidoux v. CelaniCourt of Appeals for the Second Circuit · 1993
  4. Victor Parsons v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014
  5. Weinman v. Fidelity Capital Appreciation Fund (In Re Integra Realty Resources, Inc.)Court of Appeals for the Tenth Circuit · 2001

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3Cited by4 opinions

  1. State, Department of Game, Fish & Parks v. Troy TownshipSouth Dakota Supreme Court · 2017
  2. Gantvoort v. RanschauSouth Dakota Supreme Court · 2022
  3. Preserve French Creek, Inc. v. Corbin Herman, Unknown Officials of City of Custer, South Dakota, City of Custer, South Dakota, Hunter Roberts, Unknown Officials of Department of Agriculture and Natural Resources, South Dakota Department of Agriculture and Natural Resources, Dewild, Grant, Reckert and Associates CompanyDistrict Court, D. South Dakota · 2026
  4. State v. MartinSouth Dakota Supreme Court · 2025

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