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EAGLE RIDGE ESTATES HOMEOWNERS v. ANDERSON

Nos. 25220, 25234.

777 N.W.2d 369 (2010)

2010 SD 1

EAGLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, INC., Plaintiff and Appellee, v. Terry Mitchell ANDERSON a/k/a Terry M. Anderson; Ann Carol Anderson a/k/a Ann C. Anderson; and Trust of Terry Mitchell Anderson and Ann Carol Anderson Dated April 8, 2005, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 6, 2010.

Attorney(s) appearing for the Case

Dylan A. Wilde, Thomas E. Brady of Brady & Pluimer, PC, Spearfish, South Dakota, Attorneys for plaintiff and appellee.

Rodney Schlauger, Gregory J. Erlandson of Bangs, McCullen, Butler, Foye and Simmons, LLP, Rapid City, South Dakota, Attorneys for defendants and appellants.

MEIERHENRY, Justice.

[¶ 1.] This case involves a dispute concerning the amount Terry and Ann Anderson (Andersons) owe to Eagle Ridge Estates Homeowners Association, Inc. (Homeowners Association) pursuant to a private access easement agreement. The circuit court granted summary judgment to Homeowners Association. Andersons appeal. We reverse.

FACTS AND BACKGROUND

[¶ 2.] Andersons own three lots...

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