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HOSTLER v. DAVISON COUNTY DRAINAGE COM'N

#29404.

974 N.W.2d 415 (2022)

2022 S.D. 24

Kenneth HOSTLER, Plaintiff and Appellee, v. DAVISON COUNTY DRAINAGE COMMISSION, Defendant, and John Millan, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED May 4, 2022.

Attorney(s) appearing for the Case

DAVID L. GANJE , Sun City, Arizona, Attorney for plaintiff and appellee.

GARY R. LEISTICO , JAYNE E. ESCH of Rinke Noonan, LTD, St. Cloud, Minnesota, Attorneys for defendant and appellant.

[¶1.] John Millan applied for permits from the Davison County Drainage Commission (drainage commission) to install drain tile on his farmland in Davison County. The drainage commission held a public hearing on Millan's applications, at which Kenneth Hostler, Millan's downstream neighbor, appeared and objected to the permits....

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