Duerre v. Hepler

Summary

The South Dakota Supreme Court reviewed a defendant-class action concerning the public’s recreational use of non-meandered waters overlying privately owned land in Day County. The Court affirmed the certification of the defendant class and held that, under Parks v. Cooper and absent legislative authorization, the public could not use the waters or ice for recreational purposes without the landowners’ permission. The decision affirmed in part, reversed in part, and remanded the circuit court’s judgment.

Holdings

1. A defendant class may include possible nonresident members even when the circuit court may not have personal jurisdiction over every unnamed class member, provided the court has jurisdiction over the named defendants and class representative and the due-process interests of absent members are adequately protected. The landowners also satisfied the applicable class-certification requirements.
2. Under Parks v. Cooper and SDCL 46-1-2, the Legislature must determine whether the public may enter or use non-meandered waters or ice overlying the landowners' private property for recreational purposes. At the time of the decision, no legislative authorization existed.
3. The circuit court had authority under SDCL 21-8-14 to enjoin the Department of Game, Fish and Parks and other defendants from facilitating public recreational access to the waters or ice overlying the landowners' property in the absence of legislative authorization. However, the court could not enjoin the public or class defendants from using those waters without landowner permission because neither the landowners nor the public had a superior enforceable right to recreational use before legislative action.

Questions Presented

1. Whether the circuit court properly certified a defendant class that included possible nonresident defendants.
2. Whether the landowners satisfied the requirements for defendant-class certification under SDCL 15-6-23(a) and (b)(1).
3. Whether, absent legislative authorization, the public may use non-meandered waters overlying private property for recreational purposes under the public-trust doctrine and existing South Dakota law.
4. Whether the circuit court properly issued an injunction restricting recreational access to the waters and ice overlying the landowners' property.

Disposition

reversed_and_remanded