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ADRIAN v. VONK

No. 25922.

807 N.W.2d 119 (2011)

2011 S.D. 84

William ADRIAN; Jesse Baysinger; David Cuny; Scott Cuny; Scott Edoff; Duaine Fetter; Wayne Fortune; Jerrald Heinrichs, Rick Horton; Wayne Huether; William Huether; Donald Jobgen; Duane Jobgen; Marvin Jobgen; Charles Kruse; Daniel Kruse; Kevin Kruse; Philip Kruse; Kudrna Ranch; Bertt May; Larry May; Lyle O'Rourke; Darrell Peterson; Rasmussen-Lehman LLC; Richard Rausch; John Sides; Tubbs Land and Cattle LLC; Raymond and Bertha Warner; Jim Whitcher; Monte Whitcher; Walt Whitcher; Ralph White; Wayne White; Gary Williams; Dennis Zelfer; Alvin Zietlow, Plaintiffs and Appellants, v. Jeff VONK, Secretary of South Dakota Department of Game, Fish and Parks; and The South Dakota Department of Game, Fish and Parks; and Bill Even, Secretary of South Dakota Department of Agriculture; and The South Dakota Department of Agriculture, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 14, 2011.

Attorney(s) appearing for the Case

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Douglas A. Abraham, Timothy M. Engel of May, Adam, Gerdes & Thompson LLP, Pierre, South Dakota, Attorneys for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] Plaintiff ranchers sued the State because of ongoing damage to their property from incursions of prairie dogs from public lands. Relying on multiple statutes requiring the State to manage and control prairie dog populations, plaintiffs requested injunctive relief, abatement, and damages. After considering cross-motions for summary judgment, the circuit court granted plaintiffs summary judgment and ordered a trial on damages. When the...

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