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  5. 681 N.W.2d 94 (2004)
 

FIRST LADY, LLC v. JMF PROPERTIES, LLC

No. 22921.

681 N.W.2d 94 (2004)

2004 SD 69

FIRST LADY, LLC., Plaintiff and Appellee, v. JMF PROPERTIES, LLC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 19, 2004.

Attorney(s) appearing for the Case

Gerald M. Baldwin, Custer, South Dakota, Attorney for plaintiff and appellee.

Jon J. LaFleur of LaFleur, LaFleur & LaFleur, Rapid City, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] This case involves adjacent properties and the drainage of both. First Lady Motel brought suit against JMF Properties, LLC (Tramway) claiming nuisance and requesting abatement. The trial court ruled against Tramway. We reverse and remand.

FACTS

[¶ 2.] The two businesses involved in this case are built on a 300 foot mountain in Keystone, South Dakota. The Motel sits at the base of the mountain. The Tramway occupies...

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