(dissenting).
I dissent. Lees’ present action is res judicata.
The doctrine of res judicata prevents relitigation of an issue actually litigated or which could have been properly raised in determining a proper action. Black Hills Jewelry Manufacturing Co. v. Felco Jewelry Industries, Inc., 336 N.W.2d 153, 157 (S.D.1983). The key question is whether the wrong sought to be redressed is the same in both actions. Id.
Here it is clear that the wrong sought to be remedied in both of Lees’ actions is the same: they want Schultz stopped from draining water from his land onto their land. Following the first action, the trial court found “there was no evidence that water would gather and form a new slough or otherwise unreasonably damage [the Lees’] land.” Though Mother Nature has perhaps now proved the finding to be wrong, Schultz is doing nothing more now than at the time of the first action. The Lees’ have had their day in court. That judgment is conclusive. See Cundy v. Weber, 68 S.D. 214, 221, 300 N.W. 17, 20 (S.D.1941); see also Raschke v. DeGraff, 81 S.D. 291, 295-96, 134 N.W.2d 294, 297 (1965).