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CANYON LAKE PARK v. LOFTUS DENTAL

No. 23379.

700 N.W.2d 729 (2005)

2005 SD 82

CANYON LAKE PARK, L.L.C., a South Dakota Limited Liability Company, Plaintiff and Appellee, v. LOFTUS DENTAL, P.C., Ronald J. Loftus, Cheryl A. Loftus, and Leola Loftus Allen, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Aaron D. Eiesland of Johnson Eiesland Law Firm Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Alan L. Smoot of Smoot & Utzman, P.C., Rapid City, South Dakota, Attorneys for defendants and appellants.

SABERS, Justice.

[¶ 1.] Canyon Lake Park, L.L.C. (Canyon Lake) brought a declaratory action against Loftus Dental, P.C. to determine the rights of the parties under an express easement. The trial court ruled in favor of Canyon Lake. Loftus appeals and we affirm.

Facts

[¶ 2.] This case involves the interpretation of an easement affecting adjacent parcels of commercial property located along Jackson Boulevard in Rapid City, South Dakota....

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