SABERS, Justice (on reassignment).
Ralph and Carolyn Lee (Lees) appeal a verdict for Mark Schultz (Schultz) in Lees' nuisance action for an injunction and damages. We reverse and remand.
Facts
Lees and Schultz farm adjoining tracts of land in Moody County, South Dakota. There are two sloughs on Schultz' land—a small one consisting of nine acres and a large one consisting of thirty-two acres. The small slough drains naturally across...
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