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HOFMEISTER v. SPARKS

No. 22480.

660 N.W.2d 637 (2003)

2003 SD 35

Kenneth R. HOFMEISTER, Mary Lou Hofmeister, Scott Dunham, John L. Overby, Katherine M. Overby, Thomas F. Overby, Kaye Overby, Frederick R. Heigold and Cynthia J. Heigold, Plaintiffs and Appellees, v. Gary L. SPARKS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 9, 2003.

Attorney(s) appearing for the Case

Brad P. Gordon, A.P. Fuller of Fuller, Tellinghuisen, Gordon & Percy, Lead, South Dakota, Attorneys for plaintiffs and appellees.

Reed C. Richards, Deadwood, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Kenneth and Mary Lou Hofmeister; Scott Dunham; John, Katherine, Thomas and Kaye Overby; and, Frederick and Cynthia Heigold (collectively referred to as Hofmeister), own land in a subdivision in the Black Hills. Their property rights include a platted "66' access easement" across two other parcels of land. The easement gives them access from their land to Nemo Road, a public highway. Gary Sparks, a landowner upon which a portion of the...

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