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J.K. DEAN, INC. v. KSD, INC.

Nos. 23534, 23559.

709 N.W.2d 22 (2005)

2005 SD 127

J.K. DEAN, INC., d/b/a Roosevelt Inn, Plaintiff and Appellant, v. KSD, INC., Rushmore Helicopters, Inc., and Bruce Schiltz, in his individual and corporate capacity, d/b/a Rushmore Helicopter Tours, Defendants and Appellees, and Town of Keystone, Acting by and Through its Board of Trustees, Defendant.

Supreme Court of South Dakota.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Marty J. Jackley of Gunderson Palmer Goodsell & Nelson, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Jess M. Pekarski of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for appellees KSD Inc. & Bruce Schiltz/Rushmore Helicopter Tours.

GILBERTSON, Chief Justice.

[¶ 1.] J.K. Dean, Inc., (Dean), brought an action to abate an alleged nuisance created by KSD, Inc.'s, (KSD), obstruction of a shoulder of Cemetery Road adjoining KSD's property. Dean commenced the suit against KSD, and then attempted to join the Town of Keystone. The matter was tried to the court, which found the road was dedicated to the public but only within the paved boundaries of the road. The trial court denied Dean's application...

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