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Strong v. Atlas Hydraulics, Inc.

Supreme Court of South Dakota

October 1, 2014

SHERRI STRONG, Plaintiff and Appellee,
v.
ATLAS HYDRAULICS, INC. and CHAD HASERT, Defendants and Appellants

Considered on Briefs August 25, 2014

Page 134

[Copyrighted Material Omitted]

Page 135

APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA. THE HONORABLE SUSAN M. SABERS, Judge.

JEFFREY R. BECK of Beck Law, Prof., LLC, Sioux Falls, South Dakota Attorneys for plaintiff and appellee.

DANIEL B. SHUCK, Sioux City, Iowa Attorney for defendants and appellants.

WILBUR, Justice. GILBERTSON, Chief Justice, and KONENKAMP, ZINTER and SEVERSON, Justices, concur.

OPINION

Page 136

WILBUR, Justice

[¶1] In this intermediate appeal, we review the circuit court's order granting a preliminary and a permanent injunction prohibiting and permanently enjoining a business from allowing surface water to uncontrollably discharge from its property onto a landowner's property in a manner that threatens the property and residential structure. We affirm.

FACTS AND PROCEDURAL BACKGROUND

[¶2] Sherri Strong owns a single-family residence located on Lewis Drive in Brandon, South Dakota. Strong built the house in 1990. Atlas Hydraulics, Inc. (Atlas)[1] owns and operates a manufacturing plant located on Sioux Boulevard in Brandon. The Sioux Boulevard location has been Atlas's primary location for operations since 1986, though testimony at trial indicated that Atlas had recently constructed a facility at a new location on Redwood Boulevard in Brandon and moved its primary operations there. Atlas uses the Sioux Boulevard location for storage, and at the time of the court trial for injunctive relief, the location was listed for sale. Chad Hasert is the general manager and authorized representative of Atlas. The west boundary of Strong's property abuts the land on Sioux Boulevard owned by Atlas. Specifically, Atlas's 467-foot east boundary shares 74 feet with Strong while most of Atlas's remaining east frontage

Page 137

abuts five other single-family residential lots.

[¶3] In 1998, Atlas constructed an addition to its plant on the east side of its existing building, which abutted the residential development, including Strong's west property boundary. Strong alleged that after the completion of the plant addition, she began having water problems at her house. Strong testified that she experiences six to twelve flooding events annually that cause water to flow into her garage and into her basement through the windows. In addition, she testified that in order to reduce the amount of water flowing into her basement through the windows, Strong opens the rear and overhead doors to her garage to let the water flow through the garage. Due ...


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