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KOKESH v. RUNNING

No. 22240.

652 N.W.2d 790 (2002)

2002 SD 126

Robert KOKESH and Joyce Kokesh, Plaintiffs and Appellees, v. Raymond RUNNING and Helen D. Running, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 9, 2002.

Attorney(s) appearing for the Case

John R. Frederickson, Deadwood, South Dakota, Attorney for plaintiffs and appellees.

Harlan A. Schmidt, Spearfish, South Dakota, Attorney for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Robert and Joyce Kokesh (Kokesh) brought an action seeking a permanent easement over property owned by Raymond Running (Running) and Helen Running (now deceased). The circuit court entered judgment for Kokesh and against Running, finding the existence of a prescriptive easement over a driveway serving Running's farm house north of Spearfish which was used for access to the Kokesh'...

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