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KNIGHT v. MADISON

No. 21829.

634 N.W.2d 540 (2001)

2001 SD 120

John A. KNIGHT and Maria Carmen Knight, Plaintiffs and Appellants, v. Stanley I. MADISON and Marilynn Madison, individually and in their capacities as co-trustees of the U/D/T dated May 3, 1991, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 26, 2001.

Attorney(s) appearing for the Case

James F. Margadant of Sieler & Margadant, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Ronald W. Banks of Banks, Johnson, Colbath & Kerr, Rapid City, South Dakota, Attorneys for defendants and appellees.

GILBERTSON, Justice

[¶ 1.] John and Maria Knight (Knight) own property served by an easement over and upon the property of Stanley and Marilynn Madison (Madison). Knight sought a judicial determination that he had an exclusive right to use the easement. The circuit court dismissed the claim. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Knight built a home on realty designated by a plat as lot 14. The only access from lot 14 to a public road known...

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