A Nebraska Judge will soon decide whether a homeowners association can restrict someone registered as a sex offender from its community.

The Wildwood Estates Homeowners Association in Gage County, Nebraska, is seeking a temporary injunction to remove a registered sex offender from residing in its part of town. The association is arguing that it’s restrictive covenants specifically exclude people required to register from living in the community and courts have upheld unambiguous covenants in homeowners docs. Attorneys for the man argue that political subdivisions, and only political subdivisions, could create restrictions on where certain people could live, not associations and that the association is more akin to a membership and the association can’t prevent a class of people from being members.

The judge has taken the matter under advisement and will render a decision.

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