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BOYER v. DENNIS

No. 24437.

742 N.W.2d 518 (2007)

2007 SD 121

Ralph William BOYER, Plaintiff and Appellant v. Kathryn DENNIS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Roland E. Grosshans, Rapid City, for plaintiff and appellant.

Tina M. Hogue, of Finch, Bettmann, Maks & Hogue, P.C., Rapid City, for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Ralph Boyer appeals the circuit court's judgment concluding that Boyer's easement for ingress and egress over Kathryn Dennis' property was extinguished by nonuse and intent to abandon. We reverse.

[¶ 2.] Boyer and Dennis own adjoining parcels of land. The northern border of Boyer's property (Lot B) is the southern border of Dennis' property (Lot L1). Boyer purchased Lot B with his wife Angela on...

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