Tonsager v. Laqua
South Dakota Supreme Court
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] This is a dispute between adjoining landowners on the extent and meaning of an easement granted to a sanitary sewer district. The circuit court concluded that the easement was private, and therefore, the neighboring landowner could not access the public sewer system through the adjoining landowner’s property. Because the easement was granted to a sanitary sewer district, a governmental entity, and the district clearly accepted the grant by its use of the sewer facilities, the court erred in declaring the easement private. We reverse and remand.
Background
[¶ 2.]…
2Cases cited13 opinions
- Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
- State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Heib v. LehrkampSouth Dakota Supreme Court · 2005
- Salmon v. BradshawSouth Dakota Supreme Court · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nelson v. GarberSouth Dakota Supreme Court · 2021
- Tonsager v. LaquaSouth Dakota Supreme Court · 2008
- Turgeon v. City of SpearfishSouth Dakota Supreme Court · 2026