MILLER v. COUNTY OF DAVISON

Nos. 16624, 16637.

452 N.W.2d 119 (1990)

Milen MIILLER and Sylvia Miiller and Dwight Younie and Maxine Younie, Plaintiffs and Appellees, v. COUNTY OF DAVISON and Donald Herrick, Defendants and Appellants, v. CITY OF MITCHELL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 21, 1990.


Attorney(s) appearing for the Case

Charles "Rick" Johnson of Johnson, Eklund & Davis, Gregory, for appellees, Milen and Sylvia Miller and Dwight and Maxine Younie.

Douglas N. Papendick, Davison County States Atty., for appellants, Davison County and Donald Herrick.

Carl J. Koch, Mitchell, for appellant, City of Mitchell.


HEEGE, Circuit Judge.

Dwight Younie (Younie) and Milen Miiller (Miller) sought injunctive relief and damages for flooding in 1984 and 1987. Trial of the equitable issues culminated in an order permanently enjoining Davison County, the City of Mitchell, and Donald Herrick, the civil defense director (collectively defendants) "from utilizing any tiles, drainage ditches or canals of any kind to effect drainage of unusual or unnatural quantities of water from the sloughs...

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