PARKS v. COOPER

No. 22601.

676 N.W.2d 823 (2004)

2004 SD 27

Ordean PARKS, Austin Schiley, Patricia Schiley, Raymond L. Parks, Irl William Schiley, Harlo House, Inc. (whose principal owner is Harold Widvey), Charles Saylor, the Estate of Constance Saylor, Lorraine Stamps, Reuben Parks, and Vernon L. Parks Trust, Reuben Parks, Orion Parks, Otto Deuschle, Vernon L. Parks Trust, Orville Christopherson, Joe Matthews, Michael Matthews, Robert Dale, Greg Pesall, Randy Knutson, Mike Dale, Jerome Dale, Mike Egeland, John Amann, and Orlyn Evenson, Plaintiffs and Appellees, v. John COOPER, as Secretary of State of the South Dakota Game, Fish and Parks Department, Colby Hunsley, Chad Strand, Richard Waba, Lyle Johnson, and a class of individuals, similarly situated, who have or intend to use the bodies of water described in this Complaint without the permission of the owners of the property over which the waters lie, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 25, 2004.


Attorney(s) appearing for the Case

Jack Hieb of Richardson, Grosclose, Wyly, Wise & Sauck, Aberdeen, South Dakota, Attorneys for plaintiffs and appellees.

Lawrence E. Long, Attorney General, Diane Best and Charles D. McGuigan, Assistant Attorneys General, Pierre, South Dakota, Attorneys for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] The dispute in this appeal centers on three bodies of water located in Day and Clark counties in South Dakota, known as Long Lake, Parks Slough, and Schiley Slough. Because of unseasonably wet years, the water has accumulated into large lakes. They have attracted the interest of the public looking for sporting and recreational opportunities. Landowners with property interests in one or more...

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