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ALVINE FAMILY LTD. PARTNERSHIP v. HAGEMANN

No. 25233.

780 N.W.2d 507 (2010)

2010 SD 28

ALVINE FAMILY LIMITED PARTNERSHIP, Plaintiff and Appellant, v. James HAGEMANN, Hagemann Red Angus and Floyd Demaray, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 17, 2010.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. of Johnson, Heidepriem, Abdallah & Johnson, LLP, Sioux Falls, South Dakota, Attorney for plaintiff and appellant.

Mark V. Meierhenry, William E. Blewett of Meierhenry & Sargent, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

ZINTER, Justice.

[¶ 1.] Alvine Family Limited Partnership (Alvine) sued a neighboring landowner and his tenant for, inter alia, negligence, nuisance, and trespass. Alvine alleged that manure from the tenant's cattle had entered Alvine's land, causing aquatic plant growth and a fish kill in two stock dams. At the close of the evidence, Alvine moved for judgment as a matter of law on his claim for trespass. The circuit court denied the motion. The jury subsequently...

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