COUNTRYSIDE SOUTH HOMEOWNERS v. NEDVED

No. 24409.

737 N.W.2d 280 (2007)

2007 SD 70

COUNTRYSIDE SOUTH HOMEOWNERS ASSOCIATION, INC., Plaintiff and Appellee, v. Craig NEDVED, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 11, 2007.


Attorney(s) appearing for the Case

Jason M. Smiley of Gunderson, Palmer, Goodsell & Nelson, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Richard E. Huffman, Michael V. Wheeler of DeMersseman Jensen Christianson Stanton & Huffman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] A homeowner sought to build a storage shed in a community governed by restrictive covenants. His request was denied, not because the proposed shed violated any specific provision of the covenants, but because it violated size limitation rules enacted by the homeowners' association committee. In circuit court, the decision was upheld and an injunction was issued. Because the committee exceeded its powers when it adopted the new rules...

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