Legal Opinion

Reinartz v. Town of Ethan

South Dakota Supreme Court

Decided April 5, 1926No. File No. 5770PublishedCited by 3 opinions

1Opinion of the Court

MORIARTY, C.

The town of Ethan appeals from an order overruling a. demurrer to the complaint.

In the complaint respondent alleges that he is the owner of certain lots in the appellant town. He says that said lots had adequate natural surface drainage until the respondent graded certain streets to the south and east of said property without providing an outlet through an embankment so formed. And he says that the acts of respondent in constructing said grades has entirely cut off and obstructed the natural drainage from said lots, and has caused surface waters to be confined and pocketed upon…

2Cases cited3 opinions

  1. Searle v. City of LeadSouth Dakota Supreme Court · 1897
  2. Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1900
  3. Olson v. City of WatertownSouth Dakota Supreme Court · 1923

3Cited by3 opinions

  1. Nelson v. City of Sioux FallsSouth Dakota Supreme Court · 1940
  2. Gellert v. City of MadisonSouth Dakota Supreme Court · 1926
  3. Shuck v. City of Sioux FallsSouth Dakota Supreme Court · 1962

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