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SCHULTZ v. DEW

No. 19746.

564 N.W.2d 320 (1997)

1997 SD 72

Mark F. SCHULTZ, Pearl E. Pepka and Mary T. Carter, Plaintiffs and Appellees, v. Thomas C. DEW and Denise A. Dew, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 18, 1997.

Attorney(s) appearing for the Case

Allen J. Eide, Watertown, for plaintiffs and appellees.

William E. Coester, Milbank, for defendants and appellants.

MILLER, Chief Justice.

[¶ 1] Thomas C. Dew and Denise A. Dew appeal a summary judgment in favor of the claim of adverse possession made by Mark F. Schultz, Pearl E. Pepka, and Mary T. Carter (collectively referred to as Pepka). We affirm.

FACTS

[¶ 2] This case concerns ownership of a strip of land, 45.5 feet by 230 feet, which includes Pepka's driveway and runs across the western edge of Dew's property. The undisputed facts are as follows...

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