FARNAM v. EVANS

No. 13219.

306 N.W.2d 228 (1981)

Ray E. FARNAM and Myrtle G. Farnam, Ron L. Brown and Connie K. Brown, Virgil L. Richards and Sandra J. Richards, James E. Kendall and Irene E. Kendall, Byron L. Schultz and Barbara L. Schultz, Gary R. Sessions and Mary Lou Sessions, Ken Steiner and Lujean Steiner, John Harty and Maxine Harty, Plaintiffs and Appellees, v. Paul E. EVANS and Ethel D. Evans, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 3, 1981.


Attorney(s) appearing for the Case

George Beal, Rapid City, for plaintiffs and appellees.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants.


DUNN, Justice.

This is an appeal from a summary judgment that found Paul E. and Ethel D. Evans' (appellants) dwelling to be a mobile home, thereby violating a restrictive covenant that precluded mobile homes in a subdivision, and ordered the issuance of a mandatory injunction to require appellants to remove the dwelling. Appellees constitute the other landowners in this subdivision. We affirm.

The facts of this case present the following issue: Whether a dwelling...

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