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PLUMB v. RUFFIN

No. 81-756.

328 N.W.2d 792 (1983)

213 Neb. 335

Robert B. PLUMB and Eleanor M. Plumb, Appellees, v. Phillip G. RUFFIN, doing business as Town and Country Market, Appellant.

Supreme Court of Nebraska.

January 14, 1983.

Attorney(s) appearing for the Case

Joseph Polack of Polack & Woolley, P.C., Omaha, for appellant.

Harry B. Otis of Gaines, Otis, Haggart, Mullen & Carta, Omaha, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

HASTINGS, Justice.

The defendant, Phillip G. Ruffin, doing business as Town and Country Market, has appealed from an order of the District Court which enjoined him from constructing a convenience store on his property. Certain protective covenants affecting such property prohibited commercial developments. He assigns as error, first, that the plaintiffs themselves are also in violation of the protective covenants and therefore have no standing in equity to bring this...

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