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KLING v. STERN

No. 24146.

733 N.W.2d 615 (2007)

2007 SD 51

Kim KLING and Chris Kling, Plaintiffs and Appellants, v. Judith K. STERN, individually, Judith K. Stern, trustee for the Judith K. Stern Amended and Restated Revocable Trust, Defendants and Appellees, and Judith K. Stern, trustee for the Judith K. Stern Amended and Restated Revocable Trust, Third Party Plaintiff and Appellee, v. Roger A. Kessinger and Joanne M. Kessinger, Third Party Defendants.

Supreme Court of South Dakota.

Decided May 30, 2007.

Attorney(s) appearing for the Case

Kenneth E. Barker of Barker Reynolds Law Firm, LLC, Belle Fourche, SD, for plaintiffs and appellants.

Wesley W. Buckmaster of Buckmaster Law Offices, PC, Belle Fourche, SD, for defendants and appellees.

ZINTER, Justice.

[¶ 1.] Kim and Chris Kling (Klings) sought a declaratory judgment that Judith Stern violated a restrictive covenant prohibiting the subdivision of land into parcels containing less than forty acres. The specific question was whether Stern violated the covenant when she subdivided the covenanted land into parcels of less than forty acres, but did so by "blending" the covenanted land with non-covenanted land to create "mixed" parcels that were...

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