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HEIN v. MARTS

Nos. 12843, 12845.

295 N.W.2d 167 (1980)

Walter HEIN and Wanyce Hein, Plaintiffs and Appellees, v. Thomas MARTS, and the South Dakota Department of Natural Resource Development, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 30, 1980.

Attorney(s) appearing for the Case

Gary E. Davis of Johnson, Johnson & Eklund, Gregory, for appellees.

Jack Gunvordahl, Gunvordahl & Gunvordahl, Burke, for appellant Marts.

John Smith, Asst. Atty. Gen., Pierre, for appellant South Dakota Department of Natural Resource Development; Mark V. Meierhenry, Atty. Gen. and Robert L. Timm, Deputy Atty. Gen., Pierre, on the brief.

HENDERSON, Justice.

ACTION

On July 28, 1977, Thomas Marts was issued a permit by the South Dakota Department of Natural Resource Development (DNRD), acting through the Water Rights Commission, for the appropriation of water by constructing a dugout and pumping water on his land. As interested parties, Walter and Wanyce Hein, appellees, commenced suit in July of 1978 seeking injunctive and prohibitive relief and alleging the invalidity of the permit. On December...

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