824 N.W.2d 429
S.D.2012Background
- Krsnak and Linda Krsnak filed a mandamus petition to stay or rescind DENR's approval of Brant Lake Sanitary District plans.
- DENR approved Brant Lake facility plans on March 26, 2012, as part of linking with Chester Sanitary District’s system.
- Brant Lake adds a lagoon and piping to the existing Chester system; discharge remains into Skunk Creek.
- Krsnaks live near the proposed lagoon and allege their well and property would be impacted by the wastewater.
- DENR's discretion to approve plans and the statutory framework for water pollution control are central to the dispute.
- Trial court denied mandamus; Krsnaks appealed the denial and the standard of review is abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus should issue to rescind DENR approval. | Krsnak argues DENR failed to follow SDCL 34A-2-27/29 and internal guidelines. | DENR contends it had discretion under SDCL 34A-2-27/29 and no clear duty to rescind. | Denial affirmed; no clear duty or abuse of discretion by DENR. |
Key Cases Cited
- Grant Cnty. Concerned Citizens v. Grant Cnty. Bd. of Comm’rs, 2011 S.D. 5, 794 N.W.2d 462 (2011 S.D.) (abuse of discretion standard for mandamus appeals)
- Vitek v. Bon Homme Cnty. Bd. of Comm’rs, 2002 S.D. 45, 644 N.W.2d 231 (2002 S.D.) (abuse of discretion and statutory interpretation principles)
- Atkinson v. City of Pierre, 2005 S.D. 114, 706 N.W.2d 791 (2005 S.D.) (mandamus and discretionary vs ministerial duties)
- Woodruff v. Bd. of Comm’rs for Hand Cnty., 2007 S.D. 113, 741 N.W.2d 746 (2007 S.D.) (mandamus—duty to act must be unequivocal)
- H&W Contracting, LLC v. City of Watertown, 2001 S.D. 107, 633 N.W.2d 167 (2001 S.D.) (clarifies mandamus standards and ministerial duties)
- Sorrels v. Queen of Peace Hosp., 1998 S.D. 12, 575 N.W.2d 240 (1998 S.D.) (mandamus framework and discretion)