Parks v. Cooper
South Dakota Supreme Court
676 N.W.2d 823 (2004)
- Written by Sheryl McGrath, JD
Facts
Ordean Parks and other persons (collectively, the landowners) (plaintiffs) had title to land in South Dakota under federal law. Since about 1925, the land was primarily used as cropland or as livestock grazing land. During that time, some parts of the land were swampy or had standing water. Starting in about 1998, heavy rainfall formed three lakes on the land that were several feet deep. Once the lakes had formed, members of the public wanted to use the lakes for recreation. The landowners filed a declaratory-judgment action against John Cooper, a state fish and game official (defendant), to establish ownership of the newly formed lakes. The landowners also sought an injunction to prevent the public from using the lakes. At trial, the evidence established that the lakes were not meandered. The trial court granted declaratory judgment in favor of the landowners and entered an injunction precluding the public from using the lakes. Cooper appealed.
Rule of Law
Issue
Holding and Reasoning (Konenkamp, J.)
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