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DUERRE v. HEPLER

27885.

892 N.W.2d 209 (2017)

2017 S.D. 8

Thad DUERRE; Clint Duerre; Robert Duerre; and Laron Herr, Plaintiffs and Appellees, v. Kelly R. HEPLER, in his official capacity as Secretary of the State of South Dakota Game, Fish and Parks Department; South Dakota Department of Game, Fish and Parks; State of South Dakota; and a class of individuals, similarly situated, who have used or intend to use the bodies of water described in this complaint without the permission of the owners of the property which the waters lie, Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED March 15, 2017.

Attorney(s) appearing for the Case

RONALD A. PARSONS, JR. , SHANNON R. FALON of Johnson Janklow Abdallah, Reiter & Parsons LLP, Sioux Falls, South Dakota, and JACK HIEB , ZACHARY W. PETERSON of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for plaintiffs and appellees.

MARTY J. JACKLEY , Attorney General, ANN F. MINES BAILEY , Assistant Attorney General, RICHARD J. NEILL , Special Assistant Attorney General, Pierre, South Dakota, Attorneys for defendants and appellants.

[¶ 1.] Multiple landowners in Day County, South Dakota brought suit against the South Dakota Department of Game, Fish and Parks (GF&P), Secretary Jeffrey Vonk, the State of South Dakota, and certain unnamed defendants for declaratory and injunctive relief concerning the public's right to use the waters and ice overlying...

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