Boyles v. Hausmann
Nebraska Supreme Court
517 N.W.2d 610 (1994)
The Boyleses (plaintiffs) bought subdivision property subject to restrictive covenants covering building size and minimum lot size, but the original declaration said nothing about setbacks. The declaration allowed residents to change existing covenants by majority vote starting in 1983. In 1990, the majority voted to add a brand-new restriction banning construction within 120 feet of a nearby road. The Boyleses sued for a declaratory judgment that this new restriction was invalid; the district court upheld it, but the court of appeals reversed, and the Boyleses appealed further.
Whether a subdivision declaration of covenants that permits a majority of residents to change existing covenants also permits the majority to adopt new and different covenants restricting land use that were not part of the original declaration.