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WIEGE v. KNOCK

No. 12824.

293 N.W.2d 146 (1980)

Elmer WIEGE and Delores R. Wiege, Plaintiffs and Appellees, v. Calvin N. KNOCK and Audrey J. Knock, Defendants, Third-Party Plaintiffs and Appellants, v. Herman W. PIEBENGA and Esther C. Piebenga, Third-Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 11, 1980.

Attorney(s) appearing for the Case

Edward C. Carpenter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for plaintiffs and appellees.

George Beal, Rapid City, for defendants and third-party plaintiffs and appellants.

James W. Olson of Wilson, Bottum, Olson, Goodsell & Nash, Rapid City, for third-party defendants and appellees.

FOSHEIM, Justice.

This is an appeal from a judgment determining the rights and duties of the parties concerning the water from a well located on private property. We affirm in part and reverse in part.

The third-party defendants, Herman W. Piebenga and Esther C. Piebenga, purchased a tract of land south of Rapid City. On part of this property they developed a commercial campground. The tract was platted. One lot, on which a well had been dug and equipped,...

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