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HALLS v. WHITE

Nos. 23683, 23708.

715 N.W.2d 577 (2006)

2006 SD 47

Marvin J. HALLS, Plaintiff and Appellant, v. Jerry A. WHITE and Janet D. White, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 24, 2006.

Rehearing Denied June 28, 2006.

Attorney(s) appearing for the Case

Patrick M. Ginsbach, Heather M. Sudbeck of Farrell, Farrell and Ginsbach, Hot Springs, South Dakota, for plaintiff and appellant.

Timothy L. Thomas of Thomas, Nooney, Braun, Solay & Bernard, LLP, Rapid City, South Dakota, for defendants and appellees.

MEIERHENRY, Justice.

[¶ 1.] Marvin J. Halls (Halls) sought a permanent injunction against Jerry and Janet White (Whites) to enforce a restrictive covenant prohibiting the use of a mobile home as a temporary or permanent residence in a housing development. Whites claimed that the covenants do not prohibit moving a "manufactured home" onto their lot because the definition of "mobile home" is different from and does not include "manufactured home." Whites also claimed...

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