PIECHOWSKI v. CASE

No. 12013.

255 N.W.2d 72 (1977)

James B. PIECHOWSKI et al., Plaintiffs and Respondents, v. Earl D. CASE et al., Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 17, 1977.


Attorney(s) appearing for the Case

John T. Porter, of Doyle & Bierle, Yankton, for plaintiffs and respondents.

Larry F. Hosmer, of Hosmer & Cody, Yankton, for defendants and appellants.


PORTER, Justice.

This case involves a restrictive covenant which is a part of a residential subdivision plat. To resolve the case we must interpret the covenant to determine whether certain uses now projected for the "Park and Commercial Area" of the plat by appellant subdividers violate the covenant and may be enjoined by respondents who are homeowners within the platted subdivision. We affirm the judgment granting respondents...

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