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STANGA v. HUSMAN

No. 23252.

694 N.W.2d 716 (2005)

2005 SD 36

Floyd J. STANGA and Judy K. Stanga, Plaintiffs and Appellants, v. Larry HUSMAN and Vicki Husman, d/b/a Hurkimer Development, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 16, 2005.

Attorney(s) appearing for the Case

Michael A. Henderson, Shawn M. Nichols of Cadwell, Sanford, Deibert & Garry, Sioux Falls, South Dakota Attorneys for plaintiffs and appellants.

Ronald A. Parsons, Jr., of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota Attorneys for defendants and appellees.

SABERS, Justice.

[¶ 1.] Floyd and Judy Stanga (Stanga) own a cabin on Lake Madison. Access to the property is provided via an easement across property owned by Larry and Vicki Husman (Husman). In 2000, Husman began to develop the property and partially relocated the access road. Stanga claims that Husman's unilateral alteration of the road impedes access to his property. Stanga filed suit seeking a declaratory judgment regarding the parties' respective rights...

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