Magner v. Brinkman

Plaintiffs and Defendants owned abutting properties. This lawsuit centered on the drainage of water from Defendants’ property onto Plaintiffs’ property. Specifically, Plaintiffs contended that Defendants caused an increased amount of drainage on Plaintiffs’ land by altering the natural flow of water across Defendants’ land. After a jury trial, Plaintiffs were awarded $9,950 in damages. Defendants requested judgment as a matter of law, arguing that Plaintiffs failed to offer proof that Defendants caused the increase in drainage. The court denied the motions. The court subsequently granted Plaintiffs a permanent injunction ordering Defendants to pay an additional $28,936 to Plaintiffs for repairs and preventive landscaping. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err by Defendants’ motions for judgment as a matter of law, as Plaintiffs’ testimony was sufficient to permit the jury to conclude that Defendants caused the water invasion; and (2) erred in granting the injunction, as S.D. Codified Laws 21-8-14 did not authorize the first half of the injunction, and, even if it did, the second half of the injunction was overbroad and an abuse of discretion. View "Magner v. Brinkman" on Justia Law