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KRSNAK v. BRANT LAKE SANITARY DIST.

28352.

921 N.W.2d 698 (2018)

2018 S.D. 85

Jimmy KRSNAK and Linda L. Krsnak, Plaintiffs and Appellants, v. BRANT LAKE SANITARY DISTRICT, Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED December 19, 2018.

Attorney(s) appearing for the Case

R. SHAWN TORNOW , Sioux Falls, South Dakota, Attorney for plaintiffs and appellants.

JOEL R. RISCHE , VINCE M. ROCHE of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶ 1.] The Brant Lake Sanitary District (the District) built an additional sewage lagoon to process wastewater from the Brant Lake area. The Krsnaks, who live a short distance from the new pond, brought an action against the District alleging a taking or damaging of their property and nuisance. The circuit court granted the District...

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