Springer v. Cahoy

SEVERSON, Justice.

[¶ 1.] Dale Springer, Dorothy Springer, Roger Springer, and Daniel Springer (Springers) own a landlocked parcel of land and have brought suit claiming an implied easement over Andy Cahoy’s land. On June 24, 2011, the Third Circuit Court concluded that an easement implied from prior use existed. We disagreed, Springer v. Cahoy, 2012 S.D. 32, ¶ 11, 814 N.W.2d 131, 135, holding that “Springers failed to present clear and convincing evidence of an easement implied from prior use.” Id. We reversed and remanded. Id. On remand, Springers argued for a common law implied easement by…