Easson v. WAGNER SD 349

AMUNDSON, Justice.

Alexander and Julia Easson (Eassons) appeal from an order granting summary judgment to Myron D. and Joan C. Eggers (Eggers). We reverse and remand.

FACTS

In December 1987, Eassons moved to Custer, South Dakota, from Massachusetts. They subsequently purchased a homesite, Lot 10, in the residential subdivision of Woodford Estates in January, 1988. Eas-sons’ lot is situated next to an old mine property known as Eggers’ Mine or Ballard Claim (Ballard Claim).

Ballard Claim has been mined since 1941. Eassons have known of the mine’s existence since 1979, as they periodically visited…