The case is about an encroachment dispute between a homeowner, Hoffman, and the Corporation over improvements mistakenly installed on Lot 4, including a transformer, a concrete retaining wall, pad, and lamp pole. The circuit court denied Hoffman's claim for an implied easement and ruled that the encroachments were a trespass. However, the court made an error in denying the Corporation's request for a mandatory injunction to remove the encroachments. The majority opinion affirmed in part, reversed in part, and remanded the case.
Hoffman v. Bob Law, Inc. (2016)
South Dakota Supreme Court
888 N.W.2d 569, 2016 SD 94
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