Smith v. Sponheim

SABERS, Justice.

This appeal arises from a declaratory judgment action under SDCL ch. 21-24 by a group of Meade County, South Dakota residents and property owners (Smith/ap-pellees). Smith and others requested a declaration that a road leading to their various properties had been dedicated and accepted for use as a public road, or, in the alternative, for a prescriptive easement over the property of defendants (formerly Albrecht, now Sponheim/appellants). The trial court entered a judgment in July 1983, which declared that a public road existed and that no prescriptive easement existed.…