Legal Opinion

Ashby v. OOLMAN

South Dakota Supreme Court

Decided April 2, 2008No. 24534PublishedCited by 5 opinions

1Opinion of the Court

SABERS, Justice.

[¶ 1.] Eugene R. Ashby and his wife, Judith A. Ashby, claimed a twenty-five foot wide strip of land between their house and their neighbors, Jon Oolman and his wife, Carol Oolman. When Oolman 1 began construction on the land that Ashby claimed, Ashby brought suit against Ool-man for trespass, wrongful occupation and for a determination of the property line. After a bench trial, the circuit court found in favor of Oolman. Ashby appeals and we affirm.

FACTS

[¶ 2.] Ashby owns land in Lead, South Dakota known as 803 Searle Street. Ash-by obtained title to this property on July 21,…

2Cases cited11 opinions

  1. City of Deadwood v. Summit, Inc.South Dakota Supreme Court · 2000
  2. Taylor v. TrippSouth Dakota Supreme Court · 1983
  3. Lewis v. MoorheadSouth Dakota Supreme Court · 1994
  4. Cuka v. Jamesville Hutterian Mutual SocietySouth Dakota Supreme Court · 1980
  5. Rotenberger v. BurghduffSouth Dakota Supreme Court · 2007

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Healy Ranch v. MinesSouth Dakota Supreme Court · 2022
  2. Gangle v. SpirySouth Dakota Supreme Court · 2018
  3. Mohnen v. Estate of MohnenSouth Dakota Supreme Court · 2024
  4. Hoffman v. Hollow HornSouth Dakota Supreme Court · 2024
  5. Luzier v. HemmahSouth Dakota Supreme Court · 2026

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