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HARKSEN v. PESKA

No. 20092.

581 N.W.2d 170 (1998)

1998 SD 70

Laurie Jean Bryant HARKSEN, as Administrator of the Estate of John C. Harksen, a/k/a J.C. Harksen, Deceased, Plaintiff, v. Gene PESKA, Defendant and Appellant. and Warren Carter Johnson, Janet Johnson, Steven M. Johnson, Dave R. Johnson, Robert A. Warder, Jo Anna C. Warder, Robert A. Warder, Trustee, and Robert A. Warder, individually, Defendants and Appellees, and Everett P. Howe, Susan M. Kelts, T. Ashworth and E. Ashworth, Ruth Martens Lamont, Gordon O. Gavin and Donna J. Gavin, Scott L. McCaskell and Sharla R. McCaskell, Judith Goudy, Betty Peska, Defendants.

Supreme Court of South Dakota.

Decided July 1, 1998.

Rehearing Denied August 7, 1998.

Attorney(s) appearing for the Case

Gregory A. Eiesland and Michael C. Loos of Quinn, Eiesland, Day & Barker, Rapid City, for defendant and appellant.

Steven M. Johnson of Johnson, Heidepriem, Miner & Marlow, Sioux Falls, for defendants and appellees Johnsons.

Robert A. Warder, Warder Law Office, Hill City, for defendants and appellees Warders.

MILLER, Chief Justice.

¶ Gene Peska purchased a tract of land in the Black Hills of South Dakota and built a "cabin"1 thereon. A neighboring property owner, John Harksen, later brought suit to enforce restrictive covenants that limited the number of buildings that could be built on the land. In a bifurcated trial, the trial court determined that the restrictive covenants were not ambiguous, and that a mandatory injunction for the...

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