South Dakota Supreme Court May 28, 2003, None (Burkhart v. Lillehaug)

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United States · · · 28-05-2003

SABERS, Justice

(dissenting).

[¶ 22.] I dissent because the alteration of this road by the servient landowner was contrary to the plat, self-serving, and unreasonable to the dominant landowners.

1. The majority opinion makes much of the fact that the plat “contained no specific survey information” ... “of its length, width, slope, distance, direction, grade or radius.” Nonsense.

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