FUOSS v. DAHLKE FAMILY LTD. PARTNERSHIP

#29435.

984 N.W.2d 693 (2023)

2023 S.D. 3

Todd FUOSS, Plaintiff and Appellee, v. DAHLKE FAMILY LIMITED PARTNERSHIP and Rodney L. Mann, Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED January 4, 2023.


Attorney(s) appearing for the Case

MARTY J. JACKLEY , CATHERINE A. SEELEY , Gunderson, Palmer, Nelson & Ashmore, LLP, Pierre, South Dakota Attorneys for defendants and appellants.

A. JASON RUMPCA , ROBERT C. RITER, JR. of Riter Rogers, LLP, Pierre, South Dakota Attorneys for plaintiff and appellee.


[¶1.] Todd Fuoss initiated this action to acquire adverse possession over a portion of land owned by the Dahlke Family Limited Partnership and Rodney Mann. Fuoss also sought a prescriptive easement over their property and requested injunctive relief providing him access over the land. After a court trial, the circuit court...

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