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Legal Opinion

First Lady, LLC v. JMF PROPERTIES, LLC

South Dakota Supreme Court

Decided May 19, 2004No. NonePublishedCited by 6 opinions

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] This case involves adjacent properties and the drainage of both. First Lady Motel brought suit against JMF Properties, LLC (Tramway) claiming nuisance and requesting abatement. The trial court ruled against Tramway. We reverse and remand.

FACTS

[¶ 2.] The two businesses involved in this case are built on a 300 foot mountain in Keystone, South Dakota. The Motel sits at the base of the mountain. The Tramway occupies the land adjacent and above the Motel. The Tramway was originally built in 1965. It included a service road referred to as the Jeep Trail extending from the…

2Cases cited28 opinions

  1. Sheehan v. FlynnSupreme Court of Minnesota · 1894
  2. Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
  3. Mulder v. TagueSouth Dakota Supreme Court · 1971
  4. Keys v. RomleyCalifornia Supreme Court · 1966
  5. Thompson v. AndrewsSouth Dakota Supreme Court · 1917

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3Cited by6 opinions

  1. Strong v. Atlas Hydraulics, Inc.South Dakota Supreme Court · 2014
  2. Lang v. Western Providers Physician Organization, Inc.South Dakota Supreme Court · 2004
  3. Surat Farms, LLC v. Brule County Board of CommissionersSouth Dakota Supreme Court · 2017
  4. David H. Lang, M.D. v. Western Providers Physician Organization, Inc.South Dakota Supreme Court · 2004
  5. Pourier v. South Dakota Department of Revenue & RegulationSouth Dakota Supreme Court · 2012

1 more not listed; retrieve them via the Exa API.

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