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ALLEGREE v. JANKOWSKI

Civ. No. 10654.

355 N.W.2d 798 (1984)

Charles C. ALLEGREE, Paul E. Angrick, Max R. Arrington, Doug Dewitt-Dick, Jeffrey L. Donaldson, Lyndon D. Luoma, Michael J. Mujadin, Eugene E. Peterson, Stan Piasecki, Virgil P. Sabin, David Salisbury, Robert H. Schaffer, Arsay Sheliga, Kim Simmons, and Gary L. Thronson, Plaintiffs and Appellees, v. Jerome JANKOWSKI, Donald Mutzenberger, and Francis L. Wright, Defendants and Appellants.

Supreme Court of North Dakota.

October 23, 1984.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, for plaintiffs and appellees; argued by Patrick J. Ward, Bismarck.

William C. Worthington, Jr., Bismarck, for defendants and appellants; argued by Irvin B. Nodland, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal from a partial summary judgment entered by the District Court of Mercer County. We reverse and remand for a trial on the merits.

The plaintiffs and the defendants own separate tracts of land in a rural subdivision of Beulah called Country Club Estates. The plaintiffs have filed an action alleging that each of the defendant landowners, by constructing a 40' by 60' metal building on his lot in the subdivision, violated...

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