Kent Bush Journal Staff
Even before Rory and Kristen Maynard had completed construction of a five-bedroom house in the Shirt Tail Gulch development in Deadwood, their neighbors had filed for an injunction to stop the work.
Robert and Sharlene Wilson argued that the Maynards violated subdivision covenants that only allow houses to be built for residential purposes.
The South Dakota Supreme Court on Thursday morning upheld by a vote of 3 to 2 a lower court ruling that making a profit for renting the house 90 to 120 nights a year does not mean that the house no is not used for “residential purposes”.
The court’s opinion was drafted by Chief Justice Steven Jensen, with the consent of retired Chief Justice Gilbertson and retired Justice Konenkamp (sitting in place of Judge Salter who was disqualified). Justice Kern filed a dissenting opinion. Justice DeVaney signed the dissent.
Construction on the house began in 2016. The Wilson’s first sent a letter expressing concerns about the construction in October of that year. In May 2017, a circuit court ruling concluded that the Wilson’s would not suffer irreparable harm and denied an injunction against the Maynards’ plan to lease the property.
The ruling said the rental of the property was not in violation of the “residential purposes” clause in the covenants as it was built for “activities such as cooking, eating, drinking, sleeping and gathering.” , all of which are compatible with residential purposes.