HEEZEN v. AURORA COUNTY

Nos. 10377, 10378, 10381, 10382.

157 N.W.2d 26 (1968)

Clarence HEEZEN and Betty Heezen, Plaintiffs and Respondents, v. AURORA COUNTY, South Dakota, Warren Larson, Joseph Thomas, Mark Stransky, Harry Vangenderen, and Harvey Larson, County Commissioners of Aurora County, South Dakota, Defendants and Appellants, and Crystal Lake Township, Aurora County, South Dakota, Defendant and Respondent. G. C. STEELE, Plaintiff and Respondent, v. AURORA COUNTY, South Dakota, Defendant and Appellant, and Crystal Lake Township, Aurora County, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

March 15, 1968.


Attorney(s) appearing for the Case

Walter C. Miller, Plankinton, Thomas L. Anderst, Kimball, for defendant and appellant, Aurora County.

J. L. Morgan, Mitchell, for defendant and respondent, Crystal Lake Township.

Fred Shandorf, Mitchell, Lynn Fellows, Plankinton, for plaintiffs and respondents, Heezens.

Fred A. Tinan, Mitchell, for plaintiff and respondent, Steele.


RENTTO, Judge.

Parts of the farms owned by the plaintiffs in these two actions, located in Crystal Lake Township, Aurora County, South Dakota, were flooded in the summer of 1962 by an overflow from Crystal Lake. Their claims are that the manner in which the defendants graded, maintained and improved the road on the section line between sections 11 and 14 diverted water from another watershed into Crystal Lake causing the overflow which flooded their lands. In these...

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