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WINTERTON v. ELVERSON

No. 15048.

389 N.W.2d 633 (1986)

Ordell A. WINTERTON and Madeline Winterton, Plaintiffs and Appellees, v. Stanley K. ELVERSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Lawrence L. Piersol, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and appellees; Rick W. Orr, Souix Falls, on brief.

Timothy J. Nimick, Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant; J.B. Lammers, Lammers, Lammers, Kleibacker & Casey, Madison, on brief.

SABERS, Justice.

This is an appeal from the trial court's award of damages, injunction, and prejudgment interest for the discharge of water from defendant's drainage tile upon plaintiff's agricultural land. We affirm in part, reverse in part and remand.

Statement of Facts

Appellees Ordell A. and Madeline Winterton (Winterton), have lived on and farmed the Southwest Quarter of Section 25, Logan Township, Minnehaha County, South Dakota, since...

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