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Neighbors cite recorded covenants and a Supreme Court ruling as Omaha council approves Coffee Tree plat
Summary
Skyline Woods residents urged the council to deny certification of the Coffee Tree preliminary plat, citing recorded covenants and a Nebraska Supreme Court opinion they say limit the land to golf-course use; city law said covenant enforcement is a private matter and the council approved the plat 6–0.
Opponents from the Skyline Woods neighborhood told the Omaha City Council on March 17 that recorded covenants and a Nebraska Supreme Court opinion prevent the Coffee Tree parcel from being subdivided for housing, and they urged the council to deny certification of the final plat or return it to the planning board.
"We are asking that the council either deny the certifying the final plat or send it back to the planning board so it can be properly considered," said Diana Vogt, who said she spoke on behalf of the Skyline Woods Homeowners Association and presented title exceptions and recorded maintenance requirements she said bind the parcel. Robin Vance, who said she represents more than 60 residents, warned approval "would definitely cause litigation" and asserted the Supreme Court ruling preserved the land as green space for 99 years.
The city's legal adviser, Jennifer Taylor of the City Law Department, told council members the department reviews covenants when presented but that covenants are private contracts enforceable by private parties, not the city's responsibility to adjudicate. "If there is an objection or an argument that it is in violation, that is for the parties who are the beneficiaries of those covenants to enact and enforce," Taylor said.
Developer representatives and the planning department recommended approval based on the city's municipal code and planning regulations. After public comment and a council discussion in which members confirmed the city's role is administrative rather than judicial, the council moved, seconded and voted to approve the preliminary plat with the waiver request; the motion passed 6–0.
The council's vote does not resolve the private legal claims raised by the homeowners association; Taylor repeated that enforcing or challenging covenants is a matter for the parties and the courts. Several residents said they planned to pursue legal remedies if the council approved the plat.
