MEIERHENRY v. SMITH

No. 43079.

302 N.W.2d 365 (1981)

208 Neb. 88

Roy MEIERHENRY and Joseph Erman, Appellees, v. Wayne SMITH, Appellant.

Supreme Court of Nebraska.

February 20, 1981.


Attorney(s) appearing for the Case

Daniel W. Ryberg, Omaha, for appellant.

Philip H. Forehead, Omaha, for appellees.

Heard before KRIVOSHA, C. J., McCOWN, BRODKEY, and HASTINGS, JJ., and STUART, District Judge.


STUART, District Judge.

Plaintiffs and appellees (owners and residents in Royalwood Estates, a residential subdivision in Douglas County, Nebraska) brought this action for injunctive relief. After trial, the District Court enjoined the defendant and appellant (a neighboring owner and resident) from having a free standing 40-foot CB radio antenna on his lot.

Protective covenants on all parties' property provided in part: "No outside radio, television or other...

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