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ALTO TP. v. MENDENHALL

No. 25933.

803 N.W.2d 839 (2011)

2011 S.D. 54

ALTO TOWNSHIP, Plaintiff and Appellee, v. Keith MENDENHALL and Lisa Mendenhall, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 7, 2011.

Attorney(s) appearing for the Case

Kay F. Nikolas , Sisseton, South Dakota, Attorney for plaintiff and appellee.

Gordon P. Nielsen , Delaney, Vander Linden, Delaney, Nielsen, & Sannes, P.C., Sisseton, South Dakota, Attorneys for defendants and appellants.

SEVERSON, Justice.

[¶ 1.] On August 20, 2010, the trial court issued an order requiring Keith and Lisa Mendenhall (the Mendenhalls) to comply with the provisions of a county resolution before erecting and maintaining a fence or gate across a section-line highway stretching between two sections of the Mendenhalls' property. After the Mendenhalls installed a fence and gate across the section-line highway, Alto Township brought a motion for contempt citation, alleging...

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