Gartner v. Temple

GILBERTSON, Chief Justice.

[¶ 1.] Appellant, Merle Temple (“Temple”), appeals the Sixth Judicial Circuit Court’s judgment ordering the partition in kind of 3,374.9 acres of land located in Jackson County, South Dakota, owned with Appellee, Bradley Gartner, as tenants in common. Temple argues that the property cannot be partitioned without causing great prejudice, that the circuit court undervalued permanent structures on the land, and that the court should have reduced the amount of the ordered compensatory payment in favor of allocating additional land to Temple. We affirm.

Facts and…