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AASLAND v. COUNTY OF YANKTON

No. 12569.

280 N.W.2d 666 (1979)

Sarah D. AASLAND and Delton W. Aasland, Plaintiffs and Appellants, v. The COUNTY OF YANKTON, a public corporation of the State of South Dakota, its agents, servants and employees, Defendants and Respondents.

Supreme Court of South Dakota.

Decided June 28, 1979.

Attorney(s) appearing for the Case

Douglas R. Bleeker, of Shandorf, Bleeker, Boldt & Koch, Mitchell, for plaintiffs and appellants; E. M. Bubak, Tyndall, on brief.

Thomas E. Alberts, of Engel & Alberts, Avon, for defendants and respondents.

DUNN, Justice.

This case involves an action brought by landowners Delton W. Aasland and Sarah D. Aasland (plaintiffs) for a declaratory judgment regarding the public or private status of a road running through their property in Yankton County and for an injunction against Yankton County (defendant). From a judgment dismissing plaintiffs' complaint and enjoining plaintiffs from blocking public access to the road, plaintiffs have appealed. We affirm.

The road...

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