S-22-0284 Pine Tree Neighborhood Association (Appellee) v. Charles Moses and Melissa Hill (Appellants)
Appeal from the District Court for Douglas County, Judge James M. Masteller
Attorneys: Colin J. Bernard (McGill, Gotsdiner, Workman & Lepp for Appellee) and Robert S. Sherrets and Thomas G. Schumacher (Sherrets Bruno & Vogt for Appellants)
Civil: Restrictive Covenants, Residential Subdivisions, Waiver
Proceedings below: The district court sustained the motion for summary judgment made by Appellee and issued a permanent injunction barring Appellants from parking their recreational vehicle (RV) outside their home in violation of the restrictive covenants for the neighborhood. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court should have granted Appellants’ Motion for Summary Judgment and invalidated the Pine Tree Covenants as a matter of law; 2) The district court erred when it failed to determine the Pine Tree HOA waived its right to enforce the covenants because: a) The HOA’s enforcement process demonstrates a clear waiver as a matter of law; b) The district court failed to discuss any of the covenants being violated by various lot owners; and c) The district court failed to consider pertinent evidence of other lots who park boats, campers, and trailers on their lots; and 3) At a minimum, the district court should have denied the HOA’s Motion for Summary Judgment.