JUNDT v. FULLER

No. 24393.

736 N.W.2d 508 (2007)

2007 SD 62

Donald JUNDT and Virgena Jundt, Petitioners, v. The Honorable A.P. FULLER, Circuit Judge of the Seventh Judicial Circuit, Respondent, and South Side Ditch & Water Company and Reinhold A. Eisenbraun, Intervenors.

Supreme Court of South Dakota.

Decided June 27, 2007.


Attorney(s) appearing for the Case

Jess M. Pekarski of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for petitioners.

Neil Fulton of May, Adam, Gerdes & Thompson, Pierre, South Dakota, Attorneys for respondent.

Michael M. Hickey and Sara L. Larson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, South Dakota, Attorneys for intervenor South Side Ditch & Water.

Reinhold A. Eisenbraun, Pro se intervenor.


GILBERTSON, Chief Justice.

[¶ 1.] Petitioners Donald and Virgena Jundt filed a petition for writs of mandamus, prohibition and certiorari against the respondent, the Honorable A. Peter Fuller, Judge of the Circuit Court for the Seventh Judicial Circuit, seeking to prevent the remand of an eminent domain action for enforcement of a water permit to the South Dakota Water Management Board (the Board). This Court issued...

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