Countryside Developers, Inc. v. Peterson

Hannon, Judge.

INTRODUCTION

Michael and Nancy Peterson (Petersons) own a lot in Countryside Acres Addition in Elm Creek, Nebraska, and the lots therein are restricted by covenants, which, inter alia, provide that no building shall be erected on any lot other than one detached single-family dwelling and a private garage for not more than two cars. Petersons were constructing two outbuildings on their lot, and Countryside Development, Inc. (Countryside), filed this action for a declaration that the covenants prevented Petersons’ construction. The covenants provide that a majority of the lot…