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KNODEL v. KASSEL TP.

No. 20047.

581 N.W.2d 504 (1998)

1998 SD 73

Howard KNODEL, Myron Knodel and Elmer Knodel, Plaintiffs and Apellants, v. KASSEL TOWNSHIP, Hutchinson County, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 8, 1998.

Attorney(s) appearing for the Case

Larry F. Hosmer of Hosmer and Kettering, Yankton, for plaintiffs and appellants.

Craig A. Kennedy of Doyle and Kennedy, Yankton, for defendant and appellee.

KONENKAMP, Justice.

¶ To stop a neighbor's surface water from draining through his property, a landowner plugged a road culvert. Four decades later, when they learned of the nonfunctioning culvert, the Township supervisors declared their intent to unplug it, and the landowner sought an injunction. Can the landowner prevent reopening the culvert on the grounds (1) the Township delayed too long in discovering and repairing it; (2) the landowner acquired a prescriptive...

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