J.K. Dean, Inc. v. KSD, Inc.

GILBERTSON, Chief Justice.

[¶ 1.] J.K. Dean, Inc., (Dean), brought an action to abate an alleged nuisance created by KSD, Inc.’s, (KSD), obstruction of a shoulder of Cemetery Road adjoining KSD’s property. Dean commenced the suit against KSD, and then attempted to join the Town of Keystone. The matter was tried to the court, which found the road was dedicated to the public but only within the paved boundaries of the road. The trial court denied Dean’s application for permanent injunctive relief against KSD. The trial court also dismissed the Town of Keystone from, the action after a lack of…