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FARMINGTON WOODS HOMEOWNERS ASS'N v. WOLF

No. S-11-970.

817 N.W.2d 758 (2012)

284 Neb. 280

FARMINGTON WOODS HOMEOWNERS ASSOCIATION, INC., appellee, v. Glen WOLF and Rhonda Wolf, husband and wife, appellants.

Supreme Court of Nebraska.

August 3, 2012.

Attorney(s) appearing for the Case

Jason M. Bruno and Thomas D. Prickett , of Sherrets, Bruno & Vogt, L.L.C., Omaha, for appellants.

Larry R. Forman and Ryan Baldridge , Senior Certified Law Student, of Hillman, Forman, Childers & McCormack, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, and MILLER-LERMAN, JJ.

STEPHAN, J.

The issue in this appeal is whether a homeowners' association may enforce a covenant prohibiting "business activities of any kind whatsoever" against homeowners who have operated a daycare in their home for a period of 12 years. We conclude that the covenant is generally enforceable, but that the district court erred in granting summary judgment in favor of the homeowners' association because there are genuine...

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