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Developer's Ability to Alter Covenants Thwarted. Homeowner's Subdivision Protected!


During 2006, Domina Law Group pc llo's efforts prevented a change in protective covenants, and removal of some of a subdivision from their protection. The result was that Walmart could not build a store in proposed location in an Omaha suburb.

After Walmart was thwarted, the case proceeded to final decision on the merits. The District Court of Cass County, Nebraska rendered its Judgment, in favor of Domina Law Group pc llo's clients, September 20.

"Our four clients, two elderly couples, are committed to protecting their homes. Their testimony clearly established reliance on the covenants as they decided where to move for their retirement years", Dave Domina said.

Domina's arguments about the impermissibly of "amendments" that have the effect of excluding real estate from protective covenants, and stripping property of the protection of covenants, met with the District Court's approval. Contrary arguments, contending that the City's decision to rezone the property meant the covenants should not be applied, were rejected.

"Zoning reflects a public decision about an overall growth pattern. Covenants represent a contract between property owners to keep their immediate area looking and feeling like they want it to look and feel, even if the zoning changes", Domina said. Domina Law Grouppc llo's retired clients expressed great relief, and substantial satisfaction, at the outcome.

September 22, 2007
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

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