BROWN v. HANSON

No. 24526.

743 N.W.2d 677 (2007)

2007 SD 134

Terry BROWN and Susan Brown, Plaintiffs and Appellees, v. James HANSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 26, 2007.


Attorney(s) appearing for the Case

Dylan A. Wilde, Brady & Pluimer, Spearfish, South Dakota, Attorneys for plaintiffs and appellees.

Brad P. Gordon, Eric J. Strawn, Tellinghuisen & Gordon, P.C., Spearfish, South Dakota, Attorneys for defendant and appellant.


MEIERHENRY, Justice.

[¶ 1.] James Hanson appeals from a summary judgment granted in a declaratory judgment action in favor of Terry Brown and Susan Brown (Browns) concerning the question of whether Hanson was entitled to rescind a Common Well and Road Easement Agreement (Easement Agreement). We affirm.

FACTS

[¶ 2.] Browns and Hanson own adjoining real property in Meade County, South Dakota. A well that provides water to both properties...

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