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DRD ENTERPRISES, LLC v. FLICKEMA

No. 25595.

791 N.W.2d 180 (2010)

2010 SD 88

DRD ENTERPRISES, LLC, Plaintiff and Appellant, v. Todd Thomas FLICKEMA, Dawn Amy Flickema, and PSC Properties, LLC, Defendants and Appellees, Aventure Estates, LLC, Five J Investment Co., LLC, and Pinnacle Holdings, LLC, Defendants.

Supreme Court of South Dakota.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Dylan A. Wilde of Brady & Pluimer, PC, Spearfish, SD, Attorneys for plaintiff and appellant.

Dwight A. Gubbrud of Bennett, Main & Gubbrud, PC, Belle Fourche, SD, Attorneys for defendants and appellees.

ZINTER, Justice.

[¶ 1.] Appellant DRD Enterprises, LLC commenced a declaratory action against Todd and Dawn Flickema (Flickemas) and PSC Properties, LLC to obtain an access easement across their properties. DRD based its claim upon a "Blanket Easement" granted by Dakota Resorts Management Group (Dakota Resorts), a prior owner of Flickemas' and PSC's properties. The circuit court concluded that the Blanket Easement sufficiently described the servient tenement...

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