Leslie and Karen Turgeon own property accessible only via Thoen Stone Road, which leads to a historic monument commemorating the 1834 discovery of gold in the Black Hills. The City of Spearfish has maintained a locked gate at the road's northern entrance for over 40 years, providing keys to certain property owners including the Turgeons. When the Turgeons' key occasionally malfunctioned, preventing access to their property, they sued seeking a declaration that the road is a public right-of-way and demanding removal of the gate.
Writing for a unanimous panel, retired Justice Kern held that while a 2012 plat expressly dedicated the road as a 70-foot 'PUBLIC RIGHT-OF-WAY,' genuine factual disputes remained about whether the city accepted that dedication. 'It seems illogical that the City would, on the one hand, request a plat for purposes of dedicating a public right-of-way and dedicate some of its own property to either connect to, or become part of, such roadway, but then claim it never accepted such dedication,' Kern wrote. The court found the city's certification stating the plat was done 'at the City's request for the purposes indicated hereon' could reasonably support an inference of acceptance.
The court delivered its sharpest criticism for the circuit court's application of evidentiary standards at summary judgment. 'I simply cannot square the direction that the judge 'is not himself to weigh the evidence' with the direction that the judge also bear in mind the 'quantum' of proof required,' the court wrote, quoting Justice Brennan's Anderson dissent. Kern emphasized that 'requiring a party to produce evidence that is sufficient to meet either a clear and convincing or preponderance of the evidence standard of proof seems antithetical to the concept of summary disposition.'
The road's complex history traces back to 1953, when Frank Thomson granted an easement to establish the Thoen Stone Monument. Thomson later subdivided the property and entered agreements with Spearfish in 1971 and 1972 transferring portions to the city for park use, each containing reversionary clauses. Circuit Judge Michelle K. Comer had granted summary judgment for the city, concluding that while the 2012 plat showed 'unequivocal dedication,' the city never accepted it because it maintained only limited pedestrian access and kept the road gated.
The Turgeons argued the city's acceptance could be implied from its expenditure of funds to maintain the road, including laying asphalt, placing a cattle guard, and mowing ditches, combined with decades of public use. The city countered that its maintenance was limited to pedestrian access to the park and that the locked gate for over 40 years demonstrated its intent not to accept public vehicular access. Judge Comer found the gate's existence was 'the antithesis of public use.'
The Supreme Court affirmed the circuit court's rejection of the Turgeons' claims regarding earlier documents from 1953, 1971, and 1972. Kern noted these agreements contained express limitations and reversionary clauses that demonstrated Thomson's 'intent not to dedicate the easement to public use.' The court emphasized that reversionary clauses are 'indicative of an intent not to dedicate' because 'a reservation of the right to revoke defeats the dedication.'
On remand, the circuit court must conduct a trial to determine whether the city's conduct constituted implied acceptance of the 2012 dedication. The Supreme Court noted that previous decisions have recognized expenditure of funds, maintenance activities, and public use can demonstrate implied acceptance, pointing to cases where courts found acceptance through similar municipal conduct.
The ruling affects property owners along Thoen Stone Road and could impact how South Dakota courts analyze municipal acceptance of dedicated roads. The case also clarifies that summary judgment is inappropriate when material facts remain disputed about whether governmental entities have accepted road dedications through their conduct, even when applying a clear and convincing evidence standard.