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DOUVILLE v. CHRISTENSEN

No. 21908.

641 N.W.2d 651 (2002)

2002 SD 33

Robert DOUVILLE, Plaintiff and Appellant, v. Russ CHRISTENSEN, Steve Hartman, and Donald Randall, in their capacity as Township Supervisors of Brule Township and Milo Speckels, Robert Feltman, and John Glaus, in their capacity as Township Supervisors of Chamberlain, Township, Brule County, South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 6, 2002.

Attorney(s) appearing for the Case

John R. Steele of Steele and Steele, P.C., Plankinton, for plaintiff and appellant.

J.M. Grossenburg, Winner, for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Robert Douville (Douville), a resident of Chamberlain, South Dakota, seeks a writ of mandamus against Chamberlain and Brule Townships for the removal of an earthen dam obstructing a section line right-of-way located on the border between the two townships. We reverse the trial court's denial of the writ.

FACTS AND PROCEDURE

[¶ 2.] The section line right-of-way at issue in this case is approximately one...

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