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TOMPKINS v. BUTTRUM CONST. CO. OF NEVADA

No. 13463.

659 P.2d 865 (1983)

Andrew H. TOMPKINS, Appellant, v. BUTTRUM CONSTRUCTION COMPANY OF NEVADA, and Nevada State Bank, Special Administrator with General Powers, Respondents.

Supreme Court of Nevada.

March 9, 1983.

Attorney(s) appearing for the Case

Lionel, Sawyer & Collins, and Evan J. Wallach, Las Vegas, for appellant.

Peter L. Flangas, Bell, Leavitt & Green, Las Vegas, for respondents.

Albright, McGimsey & Stoddard, Las Vegas, for amicus curiae.

OPINION

PER CURIAM:

Appellant owns a residence in an elite section of Las Vegas commonly known as Rancho Circle. Adjacent to his property is unimproved property owned by Elizabeth Wells. The properties owned by appellant and Wells, together with all other parcels in Rancho Circle, are subject to the following restrictive covenant:

That portion of the `Total Area' West of State Highway No. 5-C shall be used for single residential purposes only and...

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