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HAMAD ASSAM CORP. v. NOVOTNY

No. 24184.

737 N.W.2d 922 (2007)

2007 SD 84

HAMAD ASSAM CORPORATION, Plaintiff and Appellant, v. Thomas NOVOTNY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 8, 2007.

Attorney(s) appearing for the Case

Kenneth W. Cotton of Wipf & Cotton, L.L.C. Wagner, SD, Timothy J. Grande of MacKall, Crounse & Moore, Minneapolis, MN, Attorneys for plaintiff and appellant.

Timothy R. Whalen, Lake Andes, SD, Attorney for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Hamad Assam Corporation (Assam) brought this action claiming it had a prescriptive easement over a portion of farmland owned by Thomas Novotny (Thomas). The trial court ruled against Assam. Assam appeals and we affirm.

FACTS

[¶ 2.] Assam purchased forty acres of land in Charles Mix County in 1993 (referred to as the Corporate 40). The Corporate 40 abuts forty acres of land owned by the Novotny family since 1946...

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