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BROOKSIDE TOWNHOUSE ASS'N v. CLARIN

No. 22969.

682 N.W.2d 762 (2004)

2004 SD 79

BROOKSIDE TOWNHOUSE ASSOCIATION, an unincorporated association, Plaintiff and Appellee, v. Oliver CLARIN and Inez Clarin, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 16, 2004.

Attorney(s) appearing for the Case

Thomas E. Brady of Brady Plumier, P.C., Spearfish, South Dakota, Attorneys for plaintiff and appellee.

David L. Claggett, Spearfish, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Brookside Townhouse Association sought a mandatory injunction against Oliver and Inez Clarin after they installed non-approved windows and siding on their townhome. Clarins counterclaimed for damages. The trial court bifurcated the equitable relief sought in the complaint from the legal relief sought in the counterclaim. After conducting a court trial on the equitable issues, the court granted the injunction and determined that its ruling...

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