Niemi v. Fredlund Township

KERN, Justice.

[¶ 1.] Landowners filed a declaratory judgment action seeking a determination that the road traversing their property is not a road open to the public. After a court trial, the circuit court held that the landowners and their predecessors in interest had dedicated the road to the public by implication. The landowners appeal. We affirm.

BACKGROUND

[¶ 2.] This case involves a dispute over a road located on real property owned by David and Roxie Niemi in Fredlund Township, Perkins County, South Dakota. For the last 100 years, the road has been referred to as the “Lewton Road.” The…