Hoffman v. Van Wyk, 2017 SD 48, The Hoffmans owned property in Douglas County and learned that Luebke had applied for and received a building permit for a hog confinement unit from Van Wyk, the Douglas County Planning and Zoning Administrator.  The Hoffmans applied for a writ of mandamus, compelling Van Wyk to comply with the County’s zoning ordinance and revoke the building permit. The circuit court held a trial and denied the Hoffman’s request.  The Hoffmans appealed, and Van Wyk filed a notice of review.  The Court, per Justice Severson, affirmed insofar as the circuit court concluded that the building permit should not have been issued but affirmed its decision denying the Hoffmans a writ of mandamus.

Rumpza v. Zubke, 2017 SD 49, The Rumpzas and Zubke Brothers, LLC sued the Zubkes for allegedly changing the natural flow characteristics of water draining from the Zubke’s property to the Rumpza’s and Zubke Brother’s properties.  The circuit court granted an injunction against the Zubkes and awarded damages to the Rumpzas and the Zubke Brothers. The Zubkes appealed.  Although the Court, per Chief Justice Gilbertson, affirmed the injunction and the Zubke Brothers’ damages award, it reversed the Rumpzas’ damages award, finding no reasonable basis for the calculation of those damages.