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LEE v. SCHULTZ

No. 14564.

374 N.W.2d 87 (1985)

Ralph E. LEE and Carolyn B. Lee, Plaintiffs and Appellants, v. Mark G. SCHULTZ, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 4, 1985.

Rehearing Denied October 15, 1985.

Attorney(s) appearing for the Case

T.R. Pardy of Mumford, Protsch & Pardy, Howard, for plaintiffs and appellants.

William J. Ellingson, Flandreau, for defendant and appellee.

MORGAN, Justice.

The trial court's application of the doctrine of res judicata resulted in the dismissal of appellants' complaint, by which Ralph E. Lee and Carolyn B. Lee (Lees) sought abatement of a nuisance resulting from respondent Mark G. Schultz' (Schultz) drainage of sloughs on his land onto the land of Lees. Schultz affirmatively pled res judicata based on an earlier adjudication, wherein Ralph Lee individually (Ralph) sought an injunction against maintenance...

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