NELSON v. GARBER

#29304.

960 N.W.2d 340 (2021)

2021 S.D. 32

Howard N. NELSON, Bonita C. Nelson, Philip L. Nelson, and Evelyn M. Nelson, Plaintiffs and Appellants, v. Bennie L. GARBER, and Dakotaraptor, LLC, Defendants and Appellees, and Nancy Pfeifer Teachout, James E. Findley and Sarah E. Findley, as Co-Trustees of the James E. and Sarah Findley Revocable Trust, Gary G. Mohs and Norine A. Mohs, Arlo J. Hurley and Kathleen A. Hurley, Steven T. Ahles and Margaret E. Ahles, and Trevor J. Stallman, Roberts County, a political subdivision of the State of South Dakota, Lockwood Township, a political subdivision of the State of South Dakota, and any personal representatives, heirs at law, devisees, legatees, or creditors of any such person or persons who may be deceased, whether known or unknown, and all persons unknown who have a claim to have any interests or estate in or lien or encumbrance upon the premises described in the complaint, Defendants.

Supreme Court of South Dakota.

OPINION FILED May 19, 2021.


Attorney(s) appearing for the Case

DAVID A. GEYER of Delaney, Nielsen, & Sannes, P.C., Sisseton, South Dakota, Attorneys for plaintiffs and appellants.

GEORGE B. BOOS of Boos Jennen Law Firm, LLC, Milbank, South Dakota, Attorneys for defendants and appellees.


[¶1.] Nelsons, Garber, and Dakotaraptor dispute their ownership interest in a section of roadway in the Bayview East Addition, referred to as Caster's Road. The circuit court granted summary judgment in favor of Garber and Dakotaraptor. It held that Caster's Road is a public road that the county or township does not maintain...

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