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GRAVES v. DENNIS

No. 23205.

691 N.W.2d 315 (2004)

2004 SD 137

Gary W. and Patricia A. GRAVES, Plaintiffs and Appellants, v. Thomas R. and Carla Sue DENNIS, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 29, 2004.

Attorney(s) appearing for the Case

John K. Nooney of Thomas, Nooney, Braun, Solay & Bernard, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Raymond R. DeGeest, Rapid City, South Dakota, Attorney for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] Gary W. and Patricia A. Graves, plaintiffs, brought a declaratory judgment action against defendants, Thomas R. and Carla Sue Dennis. Plaintiffs sought an order determining their rights on a road easement granted in 1981. Specifically, they wanted defendants to remove obstructions on the road. After the action began, plaintiffs learned that a separate 1978 easement existed. They amended their complaint to seek a ruling on both easements...

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