Legal Opinion
Hammerquist v. Warburton
South Dakota Supreme Court
Decided July 11, 1990No. 16806PublishedCited by 11 opinions
1Opinion of the Court
MORGAN, Justice.
John M. Warburton (Warburton) appeals an order granting a permanent injunction against his utilizing his home as a two-family dwelling. We affirm.
This is a case about whether a restrictive covenant contained in a contract for deed runs with the land. To fully understand this litigation, it is necessary to retrace the creation of the restrictive covenant.
On October 30, 1970, Paul F. Hammer-quist (Hammerquist), sold Tract P to William G. Porter (Porter) on a contract for deed. Paragraph 10 D of the contract provided:
It is agreed that Tract P and the additional homesites to be…
2Cases cited19 opinions
- Groseth International, Inc. v. Tenneco, Inc.South Dakota Supreme Court · 1987
- Riley v. Bear Creek Planning CommitteeCalifornia Supreme Court · 1976
- Gasper v. FreidelSouth Dakota Supreme Court · 1990
- Milu, Inc. v. DukeDistrict Court of Appeal of Florida · 1967
- Subsurfco, Inc. v. B-Y Water DistrictSouth Dakota Supreme Court · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ducheneaux v. MillerSouth Dakota Supreme Court · 1992
- Cleveland v. TinagliaSouth Dakota Supreme Court · 1998
- Farm Credit Services of America v. DouganSouth Dakota Supreme Court · 2005
- City of Watertown v. Dakota, Minnesota & Eastern RailroadSouth Dakota Supreme Court · 1996
- Culhane v. MichelsSouth Dakota Supreme Court · 2000
6 more not listed; retrieve them via the Exa API.