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SMITH v. ALBRECHT

No. 14298.

361 N.W.2d 626 (1985)

Hazel SMITH, Ralph Greslin and Carleen Greslin, Terry and Karen Mudder, Sidney and Mary Ann Pulaski, David Geary, Dave and Barb Clausen, Arland and Charlotte Lindsey, Bruce Rath, and Patricia Gueffroy, Plaintiffs and Appellees, v. Eugene ALBRECHT, Cecil Sponheim, Harland and Betty Kistler, Kenneth Atkinson and John Gapp, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 30, 1985.

Attorney(s) appearing for the Case

Doyle D. Estes of Gunderson, Farrar, Aldrich & Demersseman, Rapid City, for plaintiffs and appellees; Michael J. O'Connor of Gunderson, Farrar, Aldrich & Demersseman, Rapid City, on brief.

Hermon B. Walker, Rapid City, for defendants and appellants.

MORGAN, Justice.

This appeal is from a declaratory judgment action initiated pursuant to SDCL ch. 21-24 by a group of Meade County, South Dakota, residents and property owners (Smith). Smith requested a declaration that a road leading to the various plaintiffs' properties had been dedicated and accepted for use as a public road; or in the alternative, that a prescriptive easement over the defendants' (Albrecht) property had arisen in favor of Smith. The trial court...

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