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CAMPION v. PARKVIEW APARTMENTS

No. 20393.

588 N.W.2d 897 (1999)

1999 SD 10

Richard J. CAMPION, Joe Kirby, Tom Kirby, W. Ray Laird, III, Peter M. Mies, Richard Ogle, Martin F. Peterfeit, Ernest M.Sifrar, Marie G. Sifrar, Charles L. Tracer, and Robert Witt, Plaintiffs and Appellees, v. PARKVIEW APARTMENTS, a limited partnership, and Brutger Equities,Inc., Successor in Interest to Brutger Companies, Inc., Defendants and Appellants, and The South Dakota Housing Development Authority, Defendant.

Supreme Court of South Dakota.

Decided January 27, 1999.

Attorney(s) appearing for the Case

Joseph M. Butler of Bangs, McCullen, Butler, Foye and Simmons, L.L.P., Rapid City, for plaintiffs and appellees.

Michael A. Hauck of Quaintance, Hauck & Mullen, P.C., Sioux Falls, John A. Pecchia, Christoffel, Elliott & Albrecht, P.A., St. Paul, Minnesota, for defendants and appellants.

SABERS, Justice.

[¶ 1.] General Partner appeals a summary judgment ordering it to enroll the Limited Partnership in a new South Dakota Housing Development Authority plan which increases the amount of income available for distribution by redefining equity. We affirm.

FACTS

[¶ 2.] Parkview Limited Partnership (Limited Partnership) was formed in 1979 and consists of ten limited partners (Limited Partners) and one general partner, Brutger Equities...

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