Southwind Homeowners' Association v. Burden

283 Neb. 522, 810 N.W.2d 714 (2012)

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Southwind Homeowners’ Association v. Burden

Nebraska Supreme Court
283 Neb. 522, 810 N.W.2d 714 (2012)

Facts

David Burden (defendant) and Wilai Burden (defendants) purchased a home in Southwind subdivision, a common- interest community subject to restrictive covenants. Southwind’s covenants required lots within the subdivision to be used exclusively for single-family residential purposes and prohibited homeowners from conducting business activities, including home occupations, on their lots. Shortly after moving into their home, the Burdens began providing fee-based daycare for up to six children, Mondays through Saturdays from 6:00 a.m. to 6:00 p.m. The Southwind Homeowners’ Association (Southwind) (plaintiff) notified the Burdens that the use of their property as a daycare violated the covenants. The Burdens continued operating the daycare, and Southwind filed a lawsuit to enjoin its further operation. The trial court granted Southwind’s motion for summary judgment, and the Burdens appealed.

Rule of Law

Issue

Holding and Reasoning (Heavican, C.J.)

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