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SHERBURN v. PATTERSON FARMS, INC.

No. 20584.

593 N.W.2d 414 (1999)

1999 SD 47

John SHERBURN, Plaintiff and Appellee, v. PATTERSON FARMS, INC., and Ronnie Patterson, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Jason A. Campbell, Britton, South Dakota, for plaintiff and appellee.

Michael D. Stevens, Blackburn, Stevens & Fox, Yankton, South Dakota, for defendants and appellants.

SABERS, J.

[¶ 1.] Ronnie Patterson and Patterson Farms, Inc. (Patterson) appeal an order by the circuit court which denied a prescriptive easement and issued a permanent injunction requiring Patterson to either remove a dike located on his property or install culverts to allow for the flow of water at ground level. We affirm in part and reverse and remand in part.

FACTS

[¶ 2.] On February 21, 1994, John Sherburn sued Patterson seeking to...

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