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BROWN v. HANSON

Nos. 25700, 25701.

798 N.W.2d 422 (2011)

2011 S.D. 21

Terry BROWN and Susan Brown, Plaintiffs and Appellees, v. James HANSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 18, 2011.

Attorney(s) appearing for the Case

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

Brad P. Gordon , Roger A. Tellinghuisen of Tellinghuisen & Gordon, P.C., Spearfish, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Terry and Susan Brown purchased land adjacent to James Hanson. The neighbors signed a Common Well and Road Easement Agreement. The document was filed in the office of the Meade County Register of Deeds. Believing the Browns had breached the terms of the agreement, Hanson filed a letter "rescinding" the agreement with the register of deeds. The Browns filed a lawsuit. The trial court granted the Browns' motion for partial summary judgment...

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