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BRANT LAKE SANITARY DIST. v. THORNBERRY

No. 27743.

886 N.W.2d 358 (2016)

2016 S.D. 66

BRANT LAKE SANITARY DISTRICT, a political subdivision of the State of South Dakota, Plaintiff and Appellant, v. Steven L. THORNBERRY and Gloria Thornberry, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 28, 2016.

Attorney(s) appearing for the Case

Jerome B. Lammers of Lammers Kleibacker, LLP, Madison, South Dakota, Attorneys for plaintiff and appellant.

Jay M. Leibel of Leibel Law Firm, Prof., LLC, Madison, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] Brant Lake Sanitary District sought to enjoin Steven and Gloria Thornberry from using or occupying their real property until they connected their dwelling to Brant Lake's sewer line. The circuit court determined that the ordinance requiring connection to the public sewer did not apply to the Thornberrys, and it granted...

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