Strong v. Atlas Hydraulics, Inc.
2014 SD 69
| S.D. | 2014Background
- Strong owns a Brandon, SD residence; Atlas Hydraulics operates a nearby plant whose drainage allegedly floods Strong’s property.
- Atlas’s addition to its plant allegedly altered drainage, causing water to flow onto Strong’s property during rain or snowmelt.
- Strong filed suit in 2012 for nuisance, negligence, and related claims and sought preliminary and permanent injunctions.
- The circuit court held hearings, found Atlas caused the damage, and granted both injunctions.
- Atlas appeals the injunctions on several statutory, evidentiary, timeliness, and public-interest grounds; we affirm the injunctions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court misapplied SDCL 21-8-14 and related case law | Strong | Atlas | No abuse of discretion; injunction proper under factors |
| Whether Strong’s testimony, impeached by Atlas, was properly weighed | Strong’s credibility supported injunctive relief | Atlas impeached credibility | Circuit court properly weighed credibility; no reversal warranted |
| Whether Strong’s delay negates irreparable harm | Delay does not defeat irreparable harm | Delay undermines need for injunction | Delay not dispositive; irreparable harm established |
| Whether there is sufficient evidence of irreparable harm | Harm cannot be fully remedied by money | Remedy at law could be adequate | Evidence supports irreparable harm without injunction |
| Whether the public interest supports the injunction | Public interest favors ending ongoing harm | Public interest cautions against burdening Atlas | Public interest served by ending ongoing harm; no error in weighing |
Key Cases Cited
- New Leaf, LLC v. FD Dev. of Black Hawk LLC, 793 N.W.2d 32 (S.D. 2010) (injunction factors guiding relief; irreparable harm importance emphasized)
- Knodel v. Kassel Twp., 581 N.W.2d 504 (S.D. 1998) (equitable relief requires clean hands and lack of adequate remedy at law)
- Dacy v. Gors, 471 N.W.2d 576 (S.D. 1991) (preliminary injunction framework including public interest)
- Sauer v. Tiffany Laundry & Dry Cleaners, 622 N.W.2d 745 (S.D. 2001) (fact-finder may credit or reject expert testimony; credibility matters)
- First Lady, LLC v. JMF Prop., LLC, 681 N.W.2d 94 (S.D. 2004) (urban drainage uses; reasonable use rule for surface water)