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ROTENBERGER v. BURGHDUFF

No. 24143.

729 N.W.2d 175 (2007)

2007 SD 19

William ROTENBERGER, Plaintiff and Appellee, v. Lex BURGHDUFF, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 28, 2007.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen of Tellinghuisen & Gordon, Spearfish, South Dakota, Attorneys for plaintiff and appellee.

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

SABERS, Justice.

[¶ 1.] Lex Burghduff (Burghduff) appeals from a circuit court decision that declared William Rotenberger (Rotenberger) had a prescriptive easement across Burghduff's property. He appeals and raises two issues. We affirm.

FACTS

[¶ 2.] Rotenberger owns two parcels of property1 in Harding County, which are separated by an 80-acre parcel2 owned by Burghduff. Rotenberger...

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