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VIVIAN SCOTT TRUST v. PARKER

No. 23020.

687 N.W.2d 731 (2004)

2004 SD 105

VIVIAN SCOTT TRUST, Jean Wasserman, Trustee, Plaintiff and Appellee, v. Lynn R. PARKER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 15, 2004.

Attorney(s) appearing for the Case

Daniel J. Nichols of Nichols & Rabuck, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Leo T. Flynn, Sioux Falls, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] This case is an appeal from the trial court's determination of a prescriptive easement. The action was brought by Vivian Scott Trust (Trust) against adjacent landowner Lynn Parker (Parker). Parker's property is business commercial property; Trust's property is residential rental property. Trust's renters drive across Parker's property to gain access to the parking at the rear of the rental property. Parker appeals the prescriptive...

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