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MATTER OF DRAINAGE PERMIT 11-81

28525.

922 N.W.2d 263 (2019)

2019 S.D. 3

In the MATTER OF the DRAINAGE PERMIT 11-81 and 12-142, Jason McAreavey, Applicant, Mark DeSchepper, Appellant, v. The Board of Commissioners, Minnehaha County, South Dakota Respondent and Appellee, and Jason McAreavey and Vernon McAreavey, Appellees. Mark DeSchepper, Plaintiff and Appellant, v. Vernon R. McAreavey and The Board of Commissioners, Minnehaha County, South Dakota Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED January 9, 2019.

Attorney(s) appearing for the Case

A.J. SWANSON , Canton, South Dakota, Attorney for appellant and plaintiff-appellant.

JAMES A. POWER , JAMES E. MOORE of Woods, Fuller, Shultz & Smith P.C., Sioux Falls, South Dakota, Attorneys for respondent-appellee, Board of Commissioners, Minnehaha County.

JUSTIN T. CLARKE , VINCE M. ROCHE of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for appellees, Jason McAreavey and Vernon McAreavey.

[¶ 1.] Mark DeSchepper appeals the circuit court's determination that the Minnehaha County Board of Commissioners (County) properly granted two drainage permits to Jason and Vernon McAreavey (McAreaveys). DeSchepper also claims that the court erred in granting summary judgment dismissing his claims for damages, injunctive relief...

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