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SKYLINE WOODS HOMEOWNERS v. BROEKEMEIER

Nos. S-07-952, S-07-953.

758 N.W.2d 376 (2008)

276 Neb. 792

SKYLINE WOODS HOMEOWNERS ASSOCIATION, INC., et al., appellees and cross-appellants, v. David A. BROEKEMEIER, an individual, et al., appellants and cross-appellees. Paisley, LLC, a Nebraska limited liability company, appellee and cross-appellant, v. Liberty Building Corporation, a Nebraska corporation, appellant and cross-appellee.

Supreme Court of Nebraska.

December 5, 2008.

Attorney(s) appearing for the Case

David A. Domina, Omaha and Brian E. Jorde, Birmingham, MI, of Domina Law Group, P.C., L.L.O., for appellants.

James D. Sherrets and Diana J. Vogt, of Sherrets & Boecker, L.L.C., Omaha, for appellees Skyline Homeowners Association, Inc., et al., in No. S-07-952.

James E. Lang, Omaha and Kathleen M. Foster, of Laughlin, Peterson & Lang, for appellee Paisley, LLC, in No. S-07-953.

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

McCORMACK, J.

I. NATURE OF CASE

Liberty Building Corporation (Liberty) and its owners appeal from the district court's order finding that the property purchased by Liberty in a chapter 11 bankruptcy sale is burdened by restrictive covenants limiting its use to a golf course. Liberty wished to develop the property for other purposes, but homeowners adjacent to the property filed suit to compel its continued maintenance as a golf course. The parties dispute...

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