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TIBBITTS v. ANTHEM HOLDINGS CORP.

No. 23148.

694 N.W.2d 41 (2005)

2005 SD 26

Rita M. TIBBITTS and Alwin R. Tibbitts, Plaintiffs and Appellees, v. ANTHEM HOLDINGS CORPORATION a Colorado corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 23, 2005.

Attorney(s) appearing for the Case

Frank A. Bettmann of Finch, Bettmann, Maks & Hogue, Rapid City, South Dakota, Attorneys for appellee, R.M. Tibbitts.

Kenneth R. Dewell of Johnson and Eiesland, Rapid City, South Dakota, Attorneys for appellee, A.R. Tibbitts.

James W. Olson of Wilson, Olson & Nash, Rapid City, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] This is an appeal from a judgment to quiet title in abandoned highway land to Rita and Alwin Tibbitts (Tibbitts). We affirm in result.

FACTS

[¶ 2.] In January of 1980, the State of South Dakota Department of Transportation (DOT) formally abandoned a portion of an old highway in Pennington County and declared that any rights reverted to the former owner, his heirs or assigns. The DOT had platted the portion of...

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