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NIEMI v. FREDLUND TP.

No. 27278.

867 N.W.2d 725 (2015)

2015 S.D. 62

David NIEMI and Roxie Anne Niemi, Plaintiffs and Appellants, v. FREDLUND TOWNSHIP, and State of South Dakota, by and through its Office of School and Public Lands, Defendants and Appellees. and Jerry Reisenauer and Riata Hills LLC, Defendants, Third-Party Plaintiffs and Appellees, v. Ron Dragoo, Trustee of the M.L. Dragoo 6/16/2003 Revocable Trust, Third-Party Defendant.

Supreme Court of South Dakota.

Decided July 15, 2015.

Attorney(s) appearing for the Case

Bradley P. Gordon , Timothy J. Vander Heide of Barker Wilson Law Firm, LLP, Belle Fourche, South Dakota, Attorneys for plaintiffs and appellants.

Eric H. Bogue of Bogue & Bogue, LLP, Faith, South Dakota, Attorneys for defendant and appellee Fredlund Township.

Marty J. Jackley , Attorney General, Richard M. Williams , Matthew E. Naasz , Assistant Attorneys General, Pierre, South Dakota, Attorneys for defendant and appellee State of South Dakota, by and through its Office of School and Public Lands.

Dwight A. Gubbrud , Kellen Willert of Bennett, Main & Gubbrud, PC, Belle Fourche, South Dakota, Attorneys for defendants, third-party plaintiffs and appellees Jerry Reisenauer and Riata Hills LLC.

[¶ 1.] Landowners filed a declaratory judgment action seeking a determination that the road traversing their property is not a road open to the public. After a court trial, the circuit court held that the landowners and their predecessors in interest had dedicated the road to the public by implication. The landowners appeal....

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