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MILLARD v. CITY OF SIOUX FALLS

No. 20465.

589 N.W.2d 217 (1999)

1999 SD 18

Michael A. MILLARD and Jacqueline L. Millard, Plaintiffs and Appellants, v. CITY OF SIOUX FALLS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 10, 1999.

Rehearing Denied March 19, 1999.

Attorney(s) appearing for the Case

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

R. Shawn Tornow, Chief Assistant City Attorney, Sioux Falls, for defendant and appellee.

MILLER, Chief Justice.

[¶ 1.] Millards and City each moved for summary judgment on the issue of whether a right-of-way easement existed on the north thirty-three feet of Millards' property. The trial court granted City's motion and Millards appeal. We affirm.

FACTS

[¶ 2.] In 1989, Michael and Jacqueline Millard purchased property from Cornell and Lois Munkvold. The property was located...

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