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TONSAGER v. LAQUA

No. 24602.

753 N.W.2d 394 (2008)

2008 SD 54

Kenneth M. TONSAGER, Sr. and Darlene M. Tonsager, Plaintiffs and Appellants, v. David Leroy LAQUA, Defendant and Appellee, Wall Lake Sanitary District, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Michael E. Unke of Unke Law Office, Salem, South Dakota, Attorney for plaintiffs and appellants.

Jennifer L. Larsen of Hagen, Wilka & Archer, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee David Laqua.

Paul H. Linde of Schaffer Law Office, Prof., LLC, Sioux Falls, South Dakota, Attorneys for defendant and appellee Wall Lake Sanitary District.

KONENKAMP, Justice.

[¶ 1.] This is a dispute between adjoining landowners on the extent and meaning of an easement granted to a sanitary sewer district. The circuit court concluded that the easement was private, and therefore, the neighboring landowner could not access the public sewer system through the adjoining landowner's property. Because the easement was granted to a sanitary sewer district, a governmental entity, and the district clearly accepted the grant...

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