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CHICOINE v. DAVIS

28114.

903 N.W.2d 544 (2017)

2017 S.D. 62

Noel CHICOINE and Teresa Chicoine, Plaintiffs and Appellants, v. William DAVIS and Carol Davis, Defendants and Appellees, and Greg Pearson and Pamela Pearson as Trustees of Pamela G. Pearson Revocable Trust, James Halling, Debra Halling, James Brundish, Kevin Feterl and Janet Feterl, Defendants.

Supreme Court of South Dakota.

OPINION FILED October 25, 2017.

Attorney(s) appearing for the Case

GREGORY J. BERNARD of Thomas Braun Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

JOHN R. FREDERICKSON , Deadwood, South Dakota, Attorney for defendants and appellees William and Carol Davis.

[¶ 1.] Noel and Teresa Chicoine (the Chicoines) commenced this action asking that the circuit court declare that they have an access easement across Mineral Survey 1758 (M.S. 1758) into the adjoining Mineral Survey 1794. The circuit court found that no easement exists, either by...

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