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SORENSEN v. SOMMERVOLD

No. 23305.

694 N.W.2d 266 (2005)

2005 SD 33

Linda S. SORENSEN Revocable Trust, Linda S. Sorensen, and Nels J. Sorensen, Trustees, and Nels J. Sorensen, Individually, Petitioners and Appellants, v. Gerald SOMMERVOLD, Ralph Westergaard, Les Kephart, Mary Jensen, and Bill Willroth, Sr., as Commissioners for the County of Clay, State of South Dakota; and Clay County, South Dakota, a South Dakota political subdivision, Respondents and Appellees.

Supreme Court of South Dakota.

Decided March 9, 2005.

Attorney(s) appearing for the Case

Thomas E. Alberts, Avon, for petitioners and appellants.

Tami Maroney Bern, Clay County State's Attorney, Vermillion, for respondents and appellees.

ZINTER, Justice.

¶ 1. Landowners applied for a writ of mandamus to compel County to install a 24 inch culvert in or near a certain location under a roadway to permit the natural flow of surface waters and to prevent flooding of their land. The circuit court granted County's motion for judgment on the pleadings and motion to dismiss for failure to state a claim upon which relief could be granted. We affirm in part, reverse in part, and remand.

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