South Dakota High Court Affirms Defendant Class Certification In Water Use Suit

(March 20, 2017, 1:22 PM EDT) -- PIERRE, S.D. — The South Dakota Supreme Court on March 15 upheld the certification of a defendant class represented by the secretary of the State of South Dakota Game, Fish and Parks Department and comprising individuals who have used or will use the water of two South Dakota lakes in a lawsuit filed by landowners whose property around the lakes was partially submerged in 1993 and who have claimed that the public has no right to access the water and ice over top of their property (Thad Duerre, et al. v. Kelly R. Hepler, et al., No. 27885, S.D. Sup., 2017 S.D. LEXIS 29)....

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