Villas of Southwind Townhome Association v. Johnston

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Villas of Southwind Townhome Association v. Johnston

Case Number
Court Number
Call Date
December 14, 2022
Case Time
1:00 PM
Case Summary

A-21-1028, Villas of Southwind Townhome Association (Appellee) v. Beryle Lee Johnston (Appellant)

Sarpy County District Court, Judge Nathan Cox

Attorney for Appellant: C.G. “Dooley” Jolly (Adams & Sullivan, P.C., L.L.O)

Attorney for Appellee: Zachary W. Lutz-Priefert (Gross Welch Marks Clare, PC LLO)

Civil: Enforcement of Restrictive Covenants

Action Taken by Trial Court: The district court entered summary judgment in favor of the Appellee on its claim that Appellant had violated a restrictive covenant which prohibited the building of any new structure without obtaining the prior approval of the Appellee. The court ordered Appellant to remove the offending structures from his property.

Assignments of Error on Appeal: On appeal, Appellant assigns that the district court erred in granting Appellee’s motion for summary judgment. Appellant contends that the covenants at issue are vague and ambiguous, and that Appellee should be estopped from enforcing the covenants against Appellant.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Moore, Bishop, and Arterburn, Judges