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HOFFMAN v. BOB LAW, INC.

No. 27748.

888 N.W.2d 569 (2016)

2016 S.D. 94

Kenneth HOFFMAN, Plaintiff and Appellee, v. BOB LAW, INC. and Bob Law, individually, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 14, 2016.

Attorney(s) appearing for the Case

Daniel K. Brendtro , Dennis Duncan , Amanda W. Engel of Zimmer, Duncan & Cole, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Mark D. Fitzgerald , Ronald E. Temple of Fitzgerald, Vetter, Temple & Bartell, Norfolk, Nebraska, Attorneys for defendants and appellants.

[¶ 1.] A homeowner whose fixtures encroached on adjoining landowner's property sued for an implied easement to keep the encroachments on the adjoining property. The adjoining landowner counterclaimed for trespass and sought a mandatory injunction to compel removal of the encroachments...

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