Micek v. Metzger

Anna Lou Micek filed suit in equity to have a protective covenant covering Lots 300 and 301 in Signal Hill Park Replat in Omaha, Nebraska, declared void and unenforceable. She appeals a summary judgment granted by the Douglas County District Court in favor of the defendant lot owners. We affirm.

Summary judgment is proper when pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to ultimate inferences that may be drawn from material facts, and when the moving party is entitled to judgment as a…