STEINER v. COUNTY OF MARSHALL

No. 19854.

568 N.W.2d 627 (1977)

1997 SD 109

Arthur STEINER, Thomas L. Steiner, Donna Allen and James Pitzl Plaintiffs and Appellees, v. COUNTY OF MARSHALL, A Political Subdivision of the State of South Dakota, and the Board of County Commissioners of said County, MARION CUSICK, MAURICE ERICKSON, SHERMAN HALVERSON, LARRY JASPERS and LELA OLSON, Defendants and Appellees, and Marshall-Brown Crow Creek Landowners Assn., Inc., Intervenor and Appellant.

Supreme Court of South Dakota.

Decided August 27, 1997.


Attorney(s) appearing for the Case

Drew C. Johnson of Fritz, Hogan & Johnson, Aberdeen, for Plaintiffs and Appellees.

John Simko of Woods, Fuller, Shultz & Smith, Sioux Falls, for Defendants and Appellees.

Danny R. Smeins, Britton, for Intervenor and Appellant.


AMUNDSON, Justice.

[¶ 1.] Arthur Steiner, Thomas Steiner. Donna Allen, and James Pitzl (Landowners) sued Marshall County (County), seeking to enjoin County from obstructing the flow of water through County Highway 5 (Fort Road). Marshall-Brown Crow Creek Land"" owners Association, Inc. (Intervenor) filed a motion to intervene which was granted. Landowners and County eventually entered into a consent judgment which was approved by the trial court. The trial court...

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