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GARTNER v. TEMPLE

No. 26950.

855 N.W.2d 846 (2014)

2014 S.D. 74

Bradley GARTNER, Plaintiff and Appellee, v. Merle TEMPLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 29, 2014.

Attorney(s) appearing for the Case

Haven L. Stuck , Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, South Dakota, for plaintiff and appellee.

James P. Hurley , Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Appellant, Merle Temple ("Temple"), appeals the Sixth Judicial Circuit Court's judgment ordering the partition in kind of 3,374.9 acres of land located in Jackson County, South Dakota, owned with Appellee, Bradley Gartner, as tenants in common. Temple argues that the property cannot be partitioned without causing great prejudice, that the circuit court undervalued permanent structures on the land, and that the court should have...

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