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BIALOTA v. LAKOTA LAKES, LLC

#29851.

997 N.W.2d 376 (2023)

2023 S.D. 55

Emily BIALOTA, Plaintiff and Appellant, v. LAKOTA LAKES, LLC, a Minnesota limited liability company, Peter J. Taunton, Kristin J. Taunton, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title or a cloud on plaintiff's title thereto, Defendants and Appellees.

Supreme Court of South Dakota.

REASSIGNED July 31, 2023.

OPINION FILED October 25, 2023.

Attorney(s) appearing for the Case

BRIAN L. UTZMAN of Smoot & Utzman, P.C., Rapid City, South Dakota, Attorneys for appellant.

NATHAN R. CHICOINE of DeMersseman, Jensen, Tellinghuisen & Huffman, LLP, Rapid City, South Dakota, Attorneys for appellees.

[¶1.] Emily Bialota began an action to quiet title in Pennington County, claiming fee simple ownership in certain real property previously owned by Lakota Lakes but sold at a tax sale. Lakota Lakes moved for summary judgment, arguing that it had not been validly served with the notice of intent to take...

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