S-20-0239 Equestrian Ridge Homeowners Association v. Equestrian Ridge Estates II Homeowners Association (Appellant)
Sarpy County Court, Judge George A. Thompson
Attorneys: Thomas M. Locher & Amy M. Locher (Locker Pavelka Dostal Braddy & Hammes, LLC, for Appellee) – David L. Welch & Lisa M. Meyer (Pansing, Hogan, Ernst & Bachman, LLP, for Appellant)
Civil: Breach of contract; Breach of covenant
Proceedings Below: The district court determined that as a successor in interest, ERE II HOA was bound by an agreement and by a covenant that ran with the land in perpetuity and that ERE II HOA’s efforts to terminate its obligation under the covenant did not comply with its terms.
Issues: ERE II HOA assigns that the district court erred in determining 1) that it is a successor in interest; 2) that it is bound by the agreement; 3) that an amendment to the covenant does not terminate its obligation to contribute to upkeep of the road; 4) that ERE HOA prevailed on most, if not all, of its theories of recovery; and 5) that ERE II HOA is prohibited in the future from attempting to repudiate the obligation to contribute to the upkeep of the road.