CCFJ.NET: After they painted their house blue, the homeowners association sued and neighbors called it ‘obnoxious.’ Court says they’re in the clear.
Article Courtesy of Nebraska News Center
Published December 5, 2017
LINCOLN — A homeowners association in Sarpy County might be feeling the blues after a Nebraska Supreme Court ruling Friday.
|Duane and Kathryn Korth, who live in the Gretna area, were sued by their subdivision’s homeowners association for painting their house a shade of blue that, according to neighboring homeowners, was “a nuisance” and “obnoxious to the eye.”
But the state’s highest court found Friday that the Korths did not violate the restrictive covenants of the Estates at Prairie Ridge subdivision. The court ruled that the covenants required new homes to be painted in earth tones, but they did not restrict the color when a house is repainted.
The ruling reversed a decision by Sarpy County District Judge George Thompson.
In 2004, the Korths built their house and proposed to paint it blue. But their developer denied this proposal and recommended that they choose an earth-tone color instead, in compliance with local covenants.
Ten years later, the Korths informed a member of the Estates at Prairie Ridge Homeowners Association of their decision to repaint their house a shade of blue. A disagreement ensued, but the Korths went ahead with their plan.
That led to a lawsuit from the homeowners association.