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JOHNSON v. RADLE

No. 24575.

747 N.W.2d 644 (2008)

2008 SD 23

Tom JOHNSON, Plaintiff and Appellant, v. Stanley C. RADLE and Sharon B. Radle; Floyd T. Birchfield; Linda Haglund, Defendants, and Deadwood Stage Run, L.L.C., Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 26, 2008.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen of Tellinghuisen & Gordon Spearfish, South Dakota, Attorney for plaintiff and appellant.

Scott J. Odenbach of Seward & Odenbach, Spearfish, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] The owners of Lot 696, Palisades Stone Placer, Lawrence County, South Dakota began subdividing their property in 1979. After each subdivision, the owners filed and recorded a plat with the Register of Deeds. On the first plat, the owners created Tract D, which was burdened by one easement. In three subsequent plats that created new tracts, the owners established additional easements burdening Tract D. These later plats, however, did...

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