Estates at Prairie Ridge Homeowners Assn. v. Korth

Summary

The Nebraska Supreme Court considered whether restrictive covenants governed homeowners’ repainting of their residence blue without prior approval. The court held that the covenants’ plain language did not regulate exterior paint color and that the homeowners therefore violated no restrictive covenant. The judgment for the homeowners association was reversed, and the case was remanded with directions to enter judgment for the homeowners.

Holdings

1. The plain language of article I, section 2, did not govern the homeowners' repainting of their existing residence because repainting was not the construction, erection, placement, or continued presence of an external improvement within the covenant's terms.
2. The covenant prohibiting objectionable, unlawful, or offensive trade or activity and things that may become a nuisance or annoyance did not apply to the residence's exterior paint color.
3. The covenant prohibiting the storage of property or things that would be obnoxious to the eye did not apply to exterior paint color because paint color is not something stored on the land.
4. The homeowners did not violate the covenant requiring compliance with county and state health requirements, permits, and rules and regulations because the evidence showed no violation independent of the other restrictive covenants.
5. The denial of a motion for summary judgment is neither appealable nor reviewable.

Questions Presented

1. Whether the restrictive covenant concerning external improvements required approval before the homeowners could repaint the exterior of an existing residence.
2. Whether the covenants concerning nuisances or annoyances, storage of things obnoxious to the eye, and compliance with laws or rules prohibited the residence's blue exterior paint color.
3. Whether the homeowners could challenge the denial of their motions for summary judgment on appeal.

Disposition

reversed_and_remanded