Legal Opinion

Selway Homeowners Ass'n v. Cummings

South Dakota Supreme Court

Decided January 29, 2003No. NonePublishedCited by 17 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] In 2001, the landowners of all developed lots in the Selway Estate Development in Lawrence County, filed a petition for declaratory judgment and to vacate a part of the subdivision plat depicting a “66' R.O.W. (FUTURE USE).” (See attached copy of plat). It is the legal status of this realty which is the subject of this appeal.

PROCEDURAL HISTORY

[¶ 2.] The Selway subdivision was developed by Pearco Partnership, which is made up of William Pearson, Pamela Cleveland and Faunille Fierro Cummings. The Pearco Partnership also owns the land adjacent to the Selway…

2Cases cited12 opinions

  1. Taylor v. TrippSouth Dakota Supreme Court · 1983
  2. Baltodano v. North Central Health Services, Inc.South Dakota Supreme Court · 1993
  3. Coyote Flats, L.L.C. v. Sanborn County CommissionSouth Dakota Supreme Court · 1999
  4. City of Rapid City v. AndersonSouth Dakota Supreme Court · 2000
  5. Huth v. HoffmanSouth Dakota Supreme Court · 1991

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

3Cited by17 opinions

  1. Vander Heide v. Boke Ranch, Inc.South Dakota Supreme Court · 2007
  2. Canyon Lake Park, L.L.C. v. Loftus Dental, P.C.South Dakota Supreme Court · 2005
  3. Block v. DrakeSouth Dakota Supreme Court · 2004
  4. Tri-City Assocsiates, LP v. Belmont, Inc.South Dakota Supreme Court · 2014
  5. Sunflour RR, Inc. v. PaulsonSouth Dakota Supreme Court · 2003

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

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