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SPRING BROOK ACRES WATER USERS v. GEORGE

No. 18017.

505 N.W.2d 778 (1993)

SPRING BROOK ACRES WATER USERS ASSOCIATION, INC., a South Dakota Corporation and Dawn E. Mazzio, Plaintiffs and Appellees, v. Abner H. GEORGE, and Tom-Tom Communications, Inc., a South Dakota Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 8, 1993.

Rehearing Denied October 15, 1993.

Attorney(s) appearing for the Case

Donald R. Shultz and Steven J. Oberg of Lynn, Jackson, Shultz & Lebrun, Rapid City, for plaintiffs and appellees.

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants.

PER CURIAM.

Abner H. George (hereinafter "George") and Tom-Tom Communications, Inc. (hereinafter "Tom-Tom Communications")1 appeal an Order and Judgment directing them to cease using certain real property as an FM radio transmission site. We affirm the trial court.

FACTS

In 1972, Berry Corporation began developing a real estate subdivision known as Spring Brook Acres. Berry Corporation owned the land at the center of...

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