Legal Opinion

Baltes v. Hodges

Nebraska Supreme Court

Decided January 23, 1981No. 43063PublishedCited by 5 opinions

1Opinion of the Court

Colwell, District Judge.

Plaintiffs appeal from a judgment denying a mandatory injunction to enforce restrictive covenants they imposed in their sale of commercial lots to defendants. Plaintiffs claim defendants constructed parking areas at excessive elevations. We affirm.

In 1959, Laurence and Lydia Baltes, plaintiffs, platted a 48-acre tract of land on the edge of Scotts bluff, Nebraska; piecemeal development followed. They leased an area (now Lot 1, Block 5, Baltes Second Addition) to Big John’s Bar-B-Q Pit on which the lessee constructed a building and paved parking lot.

On October 5, 1977,…

2Cases cited2 opinions

  1. Timmerman Bros., Inc. v. QuigleyNebraska Supreme Court · 1977
  2. Lund v. OrrNebraska Supreme Court · 1967

3Cited by5 opinions

  1. Boyles v. HausmannNebraska Supreme Court · 1994
  2. T v. Transmission, Inc. v. City of LincolnNebraska Supreme Court · 1985
  3. Craig v. Hastings State BankNebraska Supreme Court · 1986
  4. Nebraska Public Power District v. Austin Power, Inc.Court of Appeals for the Eighth Circuit · 1985
  5. Nebraska Public Power District, a Nebraska Corporation and Political Subdivision of the State of Nebraska v. Austin Power, Inc., a Texas Corporation, D/B/A National Industrial Constructors, Austin Industries, Inc., a Delaware Corporation, Federal Insurance Company, a New Jersey Corporation. Nebraska Public Power District, a Nebraska Corporation and Political Subdivision of the State of Nebraska v. Austin Power, Inc., a Texas Corporation, D/B/A National Industrial Constructors Austin Industries, Inc., a Delaware Corporation and Federal Insurance Company, a New Jersey Corporation, Nebraska Public Power District, a Nebraska Corporation and Political Subdivision of the State of Nebraska v. Austin Power, Inc., a Texas Corporation, D/B/A National Industrial Constructors Austin Industries, Inc., a Delaware Corporation Federal Insurance Company, a New Jersey CorporationCourt of Appeals for the Eighth Circuit · 1985

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