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SELWAY HOMEOWNERS ASS'N v. CUMMINGS

No. 22492.

657 N.W.2d 307 (2003)

2003 SD 11

SELWAY HOMEOWNERS ASSOCIATION, Plaintiff and Appellee, v. Faunille Fierro CUMMINGS, Defendant and Appellant. In re Denial of Petition for Vacation of Right-Of-Way From a Plat.

Supreme Court of South Dakota.

Decided January 29, 2003.

Attorney(s) appearing for the Case

Lester Nies of Hood, Nies & Dardis, P.C., Spearfish, South Dakota, Attorneys for plaintiff and appellee.

Thomas E. Brady, Brady Pluimer, P.C., Spearfish, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] In 2001, the landowners of all developed lots in the Selway Estate Development in Lawrence County, filed a petition for declaratory judgment and to vacate a part of the subdivision plat depicting a "66' R.O.W. (FUTURE USE)." (See attached copy of plat). It is the legal status of this realty which is the subject of this appeal.

PROCEDURAL HISTORY

[¶ 2.] The Selway subdivision was developed by Pearco Partnership...

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