SWABY v. NORTHERN HILLS REGIONAL RAILROAD AUTH.

No. 24808.

769 N.W.2d 798 (2009)

2009 SD 57

James A. SWABY; Fred K. Ening Jr.; William W. Miller and Laurel D. Miller Co-Trustees under the William W. Miller Revocable Trust 50% interest and Laurel D. Miller and William W. Miller Co-Trustees of the Laurel D. Miller Revocable Trust 50% interest; Barbara J. Spector as Trustee of the Spector Living Trust and Muriel A. Hanna as Trustee under Declaration of Trust; Elwyn J. Cole; Crook Mt. Angus Ranch, Inc.; Albert R. and Lori A. Tetreault; Brian and Heidi Janz; John and Patricia Dvorak; Bobby A. and Cindy L. Ladner; Randy G. and Lori A. Fryer; William R. and Teresa Fox; David J. Fandrick; Desperado Investments, LLC; Tracy L. and Kelly J. McDaniels; and Gerald and Edith Miles, Plaintiffs and Appellees, v. NORTHERN HILLS REGIONAL RAILROAD AUTHORITY; South Dakota Department of Transportation; South Dakota Department of Game, Fish and Parks, Defendants and Appellants, and Lawrence County, a political subdivision of the State of South Dakota; Dakota, Minnesota and Eastern Railroad Company ("DM & E"); and the Heirs, Devisees, Legatees, Executors, Administrators, or Creditors of the Following Deceased Individuals: Stephen W. Morgan and Frane E. Morgan, husband and wife; Christian G. Gralapp and Christiana Gralapp, husband and wife; Lyman D. Pettit and Hanna M. Pettit, husband and wife; Thomas S. Newman; Andrew Norine; Gottfried Burger; Richard Grenfell and Grace Grenfell, and John Lewis and Margaret Lewis, husband and wife; and all Persons Unknown who have or claim to have any interest or estate in or lien or encumbrance upon the premises described in the amended complaint, Defendants.

Supreme Court of South Dakota.

Decided July 8, 2009.


Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Eric Strawn of Tellinghuisen & Gordon, PC, Spearfish, South Dakota, Attorneys for plaintiffs and appellees.

Thomas E. Brady, Dylan A. Wilde of Brady & Plumier, PC, Spearfish, South Dakota, Attorneys for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶ 2.] James Swaby, et al. (plaintiffs), brought a quiet title...

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