ASHBY v. OOLMAN

No. 24534.

748 N.W.2d 132 (2008)

2008 SD 26

Eugene R. ASHBY and Judith A. Ashby, husband and wife, Plaintiffs and Appellants, v. Jon OOLMAN and Carol Oolman, husband and wife, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 2, 2008.


Attorney(s) appearing for the Case

Dylan A. Wilde, Thomas E. Brady of Brady Pluimer, P.C., Spearfish, South Dakota, Attorneys for plaintiffs and appellants.

Thomas E. Adams of Voelker and Adams, P.C., Deadwood, South Dakota, Attorneys for defendants and appellees.


SABERS, Justice.

[¶ 1.] Eugene R. Ashby and his wife, Judith A. Ashby, claimed a twenty-five foot wide strip of land between their house and their neighbors, Jon Oolman and his wife, Carol Oolman. When Oolman1 began construction on the land that Ashby claimed, Ashby brought suit against Oolman for trespass, wrongful occupation and for a determination of the property line. After a bench trial, the circuit court found in favor of Oolman...

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