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Rosenburg Living Trust V. Macdonald Highlands Realty, Llc C/W 70478, 134 Nev. Adv. Op. 69 (Sept. 13, 2018) (En Banc), Scott Cooper

Nevada Supreme Court Summaries

The Court determined that Nevada law does not recognize implied restrictive covenants based on a common development scheme, and the Court did not adopt the doctrine under these facts. Additionally, the Court held that, unlike common law disclosure requirements, claims arising from the duties of a licensee under NRS Chapter 645 could not be waived. Finally, it held that attorney fees and costs should only be awarded where a claim is without reasonable ground, or to harass the prevailing party.