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HANSEN v. ALBERTS

No. 16171.

434 N.W.2d 768 (1989)

Clyde C. HANSEN, Plaintiff and Appellant, v. Thomas E. ALBERTS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 25, 1989.

Attorney(s) appearing for the Case

Richard D. Hagerty, Yankton, for plaintiff and appellant.

Thomas E. Alberts, Avon, for defendant and appellee.

PER CURIAM.

ACTION

Clyde C. Hansen (Hansen) appeals a judgment issued on his application for a preliminary injunction. We reverse and remand.

FACTS

Hansen and Thomas Alberts (Alberts) owned adjoining agricultural property. Alberts' land was dominant over Hansen's and water drained from Alberts' property over Hansen's property. A fence line separated the two tracts of land and over the years the accumulation of "blow dirt" along the fence...

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