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SPRINGER v. CAHOY

No. 26583.

841 N.W.2d 15 (2013)

2013 S.D. 86

Dale E. SPRINGER, Dorothy M. Springer, Roger A. Springer and Daniel L. Springer, Plaintiffs and Appellants, v. Andy CAHOY, Defendant and Appellee, and Donald L. McClung, as Trustee of the Donald L. McClung Trust, Leonard M. McClung, as Trustee of the Leonard M. McClung Trust and All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Complaint Adverse to Plaintiffs' Ownership or any Cloud on Plaintiff's Title, Defendants.

Supreme Court of South Dakota.

Considered on Briefs August 27, 2013.

Attorney(s) appearing for the Case

Gary W. Schumacher , Wilkinson & Wilkinson, DeSmet, South Dakota, attorneys for plaintiffs and appellants.

Gordon P. Nielsen , David A. Geyer of Delaney, Nielsen & Sannes, PC, Sisseton, South Dakota, attorneys for defendant and appellee.

SEVERSON, Justice.

[¶ 1.] Dale Springer, Dorothy Springer, Roger Springer, and Daniel Springer (Springers) own a landlocked parcel of land and have brought suit claiming an implied easement over Andy Cahoy's land. On June 24, 2011, the Third Circuit Court concluded that an easement implied from prior use existed. We disagreed, Springer v. Cahoy, 2012 S.D. 32, ¶ 11, 814 N.W.2d 131, 135, holding that "Springers failed...

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