Boyles v. Hausmann

517 N.W.2d 610 (1994)

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Boyles v. Hausmann

Nebraska Supreme Court
517 N.W.2d 610 (1994)

SC

Facts

In 1977, Larry and Olga Boyles (plaintiffs) bought property in a subdivision subject to a number of restrictive covenants, including building-size limits and a prohibition on the construction of a house on any lot smaller than the original plotted number. There were no covenants regarding setbacks or the location of buildings on properties. The subdivision’s declaration of covenants stated that beginning in 1983, the residents of the subdivision could change the restrictive covenants in whole or in part by majority vote. In 1990, the residents voted to change the covenants to include a prohibition on construction of any buildings with 120 feet of a nearby road. The Boyleses did not agree to this new restriction and brought suit seeking a declaratory judgment that the new restriction was invalid. The district court upheld the restriction. The Nebraska Court of Appeals reversed, invalidating the restriction. The Boyleses appealed.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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