KRSNAK v. SOUTH DAKOTA DEPT. OF ENVIRONMENT

No. 26367.

824 N.W.2d 429 (2012)

2012 S.D. 89

Jimmy KRSNAK and Linda L. Krsnak, Appellants, v. SOUTH DAKOTA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Steven M. Pirner, Department Secretary and Staff, In Their Official Capacities, Appellees.

Supreme Court of South Dakota.

Decided December 12, 2012.


Attorney(s) appearing for the Case

Jay M. Leibel of Issenhuth & Leibel, LLP, Madison, South Dakota, Attorneys for appellants.

Marty J. Jackley , Attorney General, Patricia Archer , Assistant Attorney General, Pierre, South Dakota, Attorneys for appellees.


WILBUR, Justice.

[¶ 1.] The Krsnaks sought a writ of mandamus to stay or rescind the Department of Environment and Natural Resources' (DENR) approval of the plans and specifications for the Brant Lake Sanitary District project. The Krsnaks claim DENR did not meet the requirements contained in statutes, administrative rules, and internal manuals. The trial court denied the writ of mandamus. The Krsnaks appeal. We affirm.

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