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VANDER HEIDE v. BOKE RANCH, INC.

Nos. 24273, 24285.

736 N.W.2d 824 (2007)

2007 SD 69

Timothy VANDER HEIDE and Ruth McLaughlin, Plaintiffs and Appellants, v. BOKE RANCH, INC., a South Dakota Corporation, Defendant, Third Party Plaintiff and Appellee, v. Barry D. Bender and Marjorie J. Bender, Third Party Defendants.

Supreme Court of South Dakota.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Courtney R. Clayborne of Clayborne, Loos, Strommen & Gusinsky, Rapid City, South Dakota, Attorneys for appellants.

Brad P. Gordon, Roger A. Tellinghuisen of Tellinghuisen & Gordon, Spearfish, South Dakota, Attorneys for appellees.

GILBERTSON, Chief Justice.

[¶ 1.] On July 13, 2005, Timothy Vander Heide (Timothy) and his wife Ruth McLaughlin (Ruth) (collectively "Vander Heides") filed a complaint in the South Dakota Fourth Judicial Circuit against James Boke (James) and Boke Ranch, Inc. (collectively "Boke"). Vander Heides' complaint alleged an oral agreement modifying a written easement and sought a declaratory judgment as to same, as well as to a determination of the location of the easement...

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