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HILL v. LINDNER

No. 20080334.

769 N.W.2d 427 (2009)

2009 ND 132

David M. HILL and Lori D. Hill, Plaintiffs and Appellants v. James D. LINDNER and Pamela S. Lindner, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 20, 2009.

Attorney(s) appearing for the Case

Robert G. Manly, Vogel Law Firm, Moorhead, MN, for plaintiffs and appellants.

Brian P. Toay, Wold Johnson, P.C., Fargo, ND, for defendants and appellees.

CROTHERS, Justice.

[¶ 1] David and Lori Hill appeal from a summary judgment dismissing their action to enjoin James and Pamela Lindner from operating a licensed day care in their home. The Hills claim the district court erred as a matter of law in deciding the Lindners' licensed day care did not violate a restrictive covenant requiring the property to be used for "residential purposes only." We hold the Lindners' operation of a licensed day care in their home...

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