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RANCOUR v. GOLDEN REWARD MINING CO., L.P.

No. 23211.

694 N.W.2d 51 (2005)

2005 SD 28

Arley RANCOUR and Alamarie Rancour, Plaintiffs and Appellants, v. GOLDEN REWARD MINING COMPANY, L.P., Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 2, 2005.

Attorney(s) appearing for the Case

John R. Frederickson, Thomas E. Adams, Deadwood, South Dakota, Karen Adams, Legal Intern, Attorneys for plaintiffs and appellants.

Gary D. Jensen of Beardsley, Jensen & VonWald, Rapid City, South Dakota, Attorney for defendant and appellee.

ERICKSON, Circuit Judge.

[¶ 1.] Landowners near Lead, South Dakota, sought a judgment declaring that they enjoy a prescriptive easement over roadways on property owned by a mining company. The trial court found in favor of the mining company, holding that the landowners' use of the roadways was permissive. We affirm.

FACTS

[¶ 2.] Leaving Lead, South Dakota, southwest on U.S. 85/14A a driver descends a long winding hill past various businesses...

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