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PICARDI v. ZIMMIOND

Nos. 23147, 23173.

689 N.W.2d 886 (2004)

2004 SD 125

Edward J.S. PICARDI and Sandra J. Picardi, Plaintiffs and Appellees, v. Richard ZIMMIOND and Lori Zimmiond, Defendants and Appellants, and Chris A. Soppe and Cindy Soppe, Defendants.

Supreme Court of South Dakota.

Decided November 23, 2004.

Attorney(s) appearing for the Case

John K. Nooney of Thomas Nooney Braun, Solay & Bernard, LLP, Rapid City, South Dakota, Attorney for plaintiffs and appellees.

Robert A. Haivala, Sturgis, South Dakota, Attorneys for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Edward J.S., M.D., and Sandra J. Picardi filed declaratory action to determine the extent of an express perpetual road easement across properties owned by Richard and Lori Zimmiond, and Chris A. and Cindy Soppe in Meade County, South Dakota. The Fourth Circuit Court, Judge Jerome A. Eckrich, III presiding, found the Picardi easement to be a private perpetual road easement of forty-four feet in width, which did not preclude Zimmionds...

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