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JOHNSON v. MARION TP.

No. 21854.

642 N.W.2d 183 (2002)

2002 SD 35

Mark JOHNSON and Monica Johnson, Plaintiffs and Appellants, v. MARION TOWNSHIP, Rudy Sturzenbecher, Bruce Haase and Greg Ludens, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 13, 2002.

Attorney(s) appearing for the Case

Richard A. Engels of Abourezk Law Offices, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Glenn L. Roth, Olivet, South Dakota, Attorney for defendants and appellees.

Jay M. Leibel of Ericsson, Ericsson and Leibel, Madison, South Dakota, Amicus Curiae South Dakota Towns and Townships.

AMUNDSON, Justice.

[¶ 1.] Mark and Monica Johnson (Johnson) requested a declaratory judgment and a permanent injunction preventing the Marion Township (Township) from requiring the removal of trees in the township road right-of-way abutting their property. The trial court denied Johnson's claim. We affirm.

FACTS

[¶ 2.] The Township Board (Board) passed a resolution in 1993 requiring all...

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