WESTERN LAND CO. V. TRUSKOLASKI 88 NeV. 200, 495 P.2d 624 (1972) CASE BRIEF

WESTERN LAND CO. V. TRUSKOLASKI

88 Nev. 200, 495 P.2d 624 (1972)

NATURE OF THE CASE: This was an appeal from an order enjoining construction of a shopping center.

FACTS: Western Land Co. (D) sold parcels of land in a development of 41 acres outside the city limits of Reno, Nevada. Restrictions were placed on the land, stating that the lots could only be used for single family dwellings and they further prohibited any stores, butcher shops, grocery or mercantile business of any kind. The property surrounding the subdivision was primarily used for residential and agricultural purposes with very little commercial development of any kind. At that time, Plumb Lane which bordered the subdivision, only extended as far east as Arlington Ave. In 1941, the city had a population of 20,000. By 1969, the population had grown to 95,100. Plumb Lane had become a major 4 lane arterial boulevard and the land around it has become terribly noisy from 5-12 midnight each night from the traffic that goes by. There was also significant commercial development around the subdivision. D attempted to build a shopping center in the development. Truskolaski (P), along with other homeowners, sued in an attempt to prevent construction. P claimed that the low traffic level and safe living had resulted in a wonderful place to raise their children. The homes in the subdivision were also well cared for and attractively landscaped. The court held for P, stating that despite the growth of commercial development, the original restrictive covenants still held value to the current homeowners in the development. The trial court found that substantial changes in traffic patterns and commercial activity had occurred but still enforced the covenants and enjoined D from building his supermarket. It held that D failed to show that the area in question was now unsuitable for residential purposes. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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