Duerre v. Hepler

Landowners in Day County filed a lawsuit against the South Dakota Department of Game, Fish and Parks (GF&P), Secretary Jeffrey Vonk, the State, and certain unnamed defendants who have used or intend to use the waters and ice overlying Landowners’ private property for recreational purposes. Landowners sought declaratory and injunctive relief concerning the public’s right to use the floodwaters on their property. Landowners asked the circuit court to certify the defendant class to include all people who have used or intend to use the bodies of water overlying Landowners’ private property. The court circuit certified the defendant class and appointed the Secretary of GF&P as the class representative. After a hearing, the circuit court entered declaratory and injunctive relief against the named and class defendants. The Supreme Court affirmed in part and reversed and remanded in part, holding that the circuit court (1) did not err when it certified the defendant class in this case; (2) did not err in granting declaratory relief, but, on remand, the circuit court must modify the language of relief provided in this opinion; and (3) did not err in issuing an injunction, but, on remand, the circuit court must modify the language of the injunction as provided in this opinion. View "Duerre v. Hepler" on Justia Law