Heinsohn v. William Clairmont, Inc.

PAULSON, Justice.

Harlan Heinsohn [Heinsohn] appeals from a summary judgment granted on July 7, 1982, to William Clairmont, Inc. [Clair-mont] by the District Court of Burleigh County dismissing with prejudice Hein-sohn’s claim for relief. We reverse and remand.

In April 1978, Clairmont, as the owner and developer, filed with the Burleigh County Register of Deeds a plat for “Country West II”, a new addition to the City of Bismarck. On August 4, 1978, Clairmont prepared and filed “Building Covenants and Restrictions”, consisting of restrictive covenants on the usage and development of lots within…