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RUMPZA v. ZUBKE

28052.

900 N.W.2d 601 (2017)

2017 S.D. 49

Robert RUMPZA, Nancy Rumpza and Zubke Brothers, LLC, Plaintiffs and Appellees, v. David ZUBKE and Marilyn Zubke, Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED August 9, 2017.

Attorney(s) appearing for the Case

REED RASMUSSEN of Siegel, Barnett and Schutz, LLP, Aberdeen, South Dakota, Attorneys for plaintiffs and appellees.

JACK H. HIEB , ZACHARY W. PETERSON of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for defendants and appellants.

[¶ 1.] Robert and Nancy Rumpza and Zubke Brothers LLC (Brothers) sued David and Marilyn Zubke for allegedly changing the natural flow characteristics of water draining from the Zubkes' property to the Rumpzas' and Brothers' properties. After a court trial, the circuit court granted an injunction against the Zubkes...

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