JAMES v. DON

No. 24261, No. 24271

2008 SD 57

JAMES and CAROL DEHAVEN, Plaintiffs and Appellants, v. DON and SHERRIE HALL, Defendants and Appellees.

Supreme Court of South Dakota

Considered On Briefs on May 21, 2007.


Attorney(s) appearing for the Case

PATRICK M. GINSBACH of Farrell, Farrell & Ginsbach, PC, Hot Springs, South Dakota, Attorneys for plaintiffs and appellants.

JOHN K. NOONEY of Thomas, Nooney, Braun, Solay & Bernard, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees.


ZINTER, Justice.

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.

[¶2.] DeHavens and Halls owned adjacent...

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