Linda S. Sorensen Revocable Trust, Linda S. Sorensen, and Nels J. Sorensen, Trustees, and Nels J. Sorensen, Individually v. Gerald Sommervold, Ralph Westergaard, Les Kephart, Mary Jensen, and Bill Willroth, Sr., as Commissioners for the County of Clay, State of South Dakota; and Clay County, South Dakota, a South Dakota political subdivision

Summary

Landowners sought a writ of mandamus requiring Clay County to install a specific culvert and restore natural drainage after roadway construction allegedly caused flooding. The Supreme Court of South Dakota held that the County's general duty to permit surface water to escape in its natural course could be enforced by mandamus, but the specific method of installing a 24-inch culvert could not be compelled. The court affirmed in part, reversed in part, and remanded because factual issues remained regarding drainage and flooding.

Holdings

1. A county's duty to permit surface water to escape in its natural course is ministerial and may be compelled by mandamus when the petition otherwise states the required claim.
2. Mandamus cannot compel the County to perform its drainage duty in a particular manner, such as by installing a 24-inch culvert in approximately the location of the former culvert.
3. Judgment on the pleadings was improper as to the claim seeking performance of the County's general drainage duty because the pleadings raised factual issues concerning the actual drainage and flooding.

Questions Presented

1. Whether the landowners stated a claim for mandamus to compel Clay County to perform its duty to permit surface water to escape in its natural course.
2. Whether mandamus could compel the County to install a particular 24-inch culvert in approximately the same location as the former culvert.
3. Whether judgment on the pleadings was proper when the pleadings raised factual issues concerning the actual drainage and flooding.

Disposition

reversed_and_remanded