Allegree v. Jankowski

ERICKSTAD, Chief Justice.

This is an appeal from a partial summary judgment entered by the District Court of Mercer County. We reverse and remand for a trial on the merits.

The plaintiffs and the defendants own separate tracts of land in a rural subdivision of Beulah called Country Club Estates. The plaintiffs have filed an action alleging that each of the defendant landowners, by constructing a 40' by 60' metal building on his lot in the subdivision, violated the following restrictive covenant:

“PREAMBLE: * * * *

PURPOSE: Residential Uses, With Possible Maintenance of a Limited Number of Horses…