Harksen v. Peska

MILLER, Chief Justice.

[¶ 1.] Gene Peska purchased a tract of land in the Black Hills of South Dakota and built a “cabin”1 thereon. A neighboring property owner, John Harksen, later brought suit to enforce restrictive covenants that limited the number of buildings that could be built on the land. In a bifurcated trial, the trial court determined that the restrictive covenants were not ambiguous, and that a mandatory injunction for the removal of the cabin should issue. Peska appeals. We affirm in part and reverse and remand in part.

FACTS

[¶2.] On April 30, 1969, John C. Farrar and Ray J.…