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BRANDT v. COUNTY OF PENNINGTON

No. 26364.

827 N.W.2d 871 (2013)

2013 S.D. 22

Robert BRANDT, Plaintiff and Appellant, v. COUNTY OF PENNINGTON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 27, 2013.

Attorney(s) appearing for the Case

Kevin S. Lewis , Rapid City, South Dakota, Attorney for plaintiff and appellant.

James S. Nelson , Rebecca L. Mann of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

SEVERSON, Justice.

[¶ 1.] In 1994, Robert Brandt granted a drainage easement to Pennington County on land he owned in the Sila Subdivision. In 1996, the County repaired a section of Clarkson Road, which abutted Brandt's land. After the road repair, silt began to accumulate near the bottom of the canyon on part of Brandt's land. Brandt provided written notice to the County in 2009 for damages. He filed suit for nuisance, constructive taking, trespass, and unlawful...

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