Surat Farms, LLC v. Brule County Board of CommissionersAnnotate this Case
The Supreme Court affirmed the decision of the Brule County Board of Commissioners finding that Surat Farms LLC impermissibly altered an intermittent watercourse. Upon Albert Delany’s filing of a drainage complaint with Brule County, the Board found that Surat “altered the natural flow of the water” running from Delany’s land to Surat’s land and required Surat to restore the natural flow of water or otherwise ensure the drainage of the Delany property. The circuit court affirmed the Board’s decision in all respects. The Supreme Court affirmed, holding (1) the evidence supported the circuit court’s finding that Surat’s drain system improperly interfered with Delany’s drainage rights; and (2) the circuit court did not err in awarding injunctive relief.