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PETERSON v. BECK

No. 18876.

537 N.W.2d 375 (1995)

Merton C. PETERSON, Mark A. Peterson, Richard T. Peterson, and Merton C. Peterson, executor of the estate of Susan K. Peterson, Plaintiffs and Appellees, v. Richard E. BECK; Edward O. Eastwold and Harriet C. Eastwold, husband and wife; Nora J. Van Hove; Edna V. Barton; Randall J. Austad; and VBC, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Daniel J. Nichols of Craig, Nichols & Rabuck, Sioux Falls, for plaintiffs and appellees.

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendants and appellants.

AMUNDSON, Justice.

Defendants Beck, et al. and VBC, Inc. (collectively referred to as VBC) appeal the trial court's finding that an implied easement existed over their property in favor of Merton C. Peterson and family (Peterson). We affirm.

FACTS

Peterson owns and operates Cactus Heights Country Club, a private golf course (Golf Course) in Sioux Falls, which is surrounded by a residential area.1 In 1964, Peterson's parents...

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