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SMITH v. SPONHEIM

No. 15310.

399 N.W.2d 899 (1987)

Hazel SMITH, Ralph Greslin and Charleen Greslin, Terry Mudder and Karen Mudder, Sidney Pulaski and Mary Ann Pulaski, David Geary, Dave Clausen and Barb Clausen, Bruce Rath, Donald Sargent and Jesse Small, Plaintiffs and Appellees, v. Cecil SPONHEIM, Harlan Kistler and Betty Kistler, Kenneth Atkinson, John Gapp, Eugene Albrecht, and Meade County acting By and Through its Board of County Commissioners, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 28, 1987.

Attorney(s) appearing for the Case

A.P. Fuller, Amundson, Fuller & Delaney, Lead, for plaintiffs and appellees.

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

SABERS, Justice.

This appeal arises from a declaratory judgment action under SDCL ch. 21-24 by a group of Meade County, South Dakota residents and property owners (Smith/appellees). Smith and others requested a declaration that a road leading to their various properties had been dedicated and accepted for use as a public road, or, in the alternative, for a prescriptive easement over the property of defendants (formerly Albrecht, now Sponheim/appellants). The...

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