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LAMMERS v. STATE

28808.

932 N.W.2d 129 (2019)

2019 S.D. 44

Michael LAMMERS, Plaintiff and Appellant, v. STATE of South Dakota, BY AND THROUGH the DEPARTMENT OF GAME, FISH AND PARKS, Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED July 17, 2019.

Attorney(s) appearing for the Case

MARK V. MEIERHENRY , CLINT SARGENT, RALEIGH HANSMAN of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

JASON R. RAVNSBORG , Attorney General, DAVID M. MCVEY , Assistant Attorney General, Pierre, South Dakota, Attorneys for defendant and appellee.

[¶1.] South Dakota Game, Fish & Parks (Department) entered Michael Lammers's farmland in Deuel County to build a new fence after a survey indicated that the physical boundaries between their properties did not coincide with the surveyed boundaries. Lammers filed an action against the Department seeking a declaratory judgment...

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