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JACKSON v. CANYON PLACE HOMEOWNER'S ASS'N

No. 24249.

731 N.W.2d 210 (2007)

2007 SD 37

Douglas K. JACKSON and Stacey E. Jackson, Plaintiffs and Appellees, v. CANYON PLACE HOMEOWNER'S ASSOCIATION, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Kurt E. Solay, Michelle C. Bratton of Thomas, Nooney, Braun, Solay & Bernard, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

Thomas E. Simmons of Gunderson, Palmer, Goodsell & Nelson, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

[¶ 1.] Douglas K. Jackson and Stacey E. Jackson (Jackson) brought a declaratory action against Canyon Place Homeowner's Association (Homeowner's Association) alleging the use of a community dumpster on one of the lots violated Canyon Place Subdivision's (subdivision) restrictive covenants. The parties brought cross-motions for summary judgment. The circuit court granted Jackson's motion for summary judgment and Homeowner's Association appealed...

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