RISS v. ANGEL

No. 34211-8-I.

912 P.2d 1028 (1996)

80 Wash.App. 553

William J. RISS and Carolyn Riss, husband and wife, Respondents, v. Lee and Margie ANGEL, husband and wife, and their marital community; Defendants, Bruce and Bev Attebery, husband and wife and their marital community; Tim and Leslie Banks, husband and wife, and their marital community; Appellants, Lou and Doris Berg, husband and wife, and their marital community; Stanley and Jackie Berman, husband and wife, and their marital community; Defendants, John and Cathy Coart, husband and wife and their marital community; Ed and Arline DeGroot, husband and wife, and their marital community; Appellants, Bob and Patty Edwards, husband and wife, and their marital community; Phelps and Christel Fisher, husband and wife, and their marital community; Larry and Jan Granston, husband and wife, and their marital community; Defendants, Jerry and Helen Greenan, husband and wife, and their marital community; Appellants, Lloyd and Karen Hammel; husband and wife, and their marital community; Bill and Pam Hay, husband and wife, and their marital community; Jim and Chris Hillman, husband and wife, and their marital community; Defendants, Kathy Hodge, a single person; Ron Levite, a single person; Appellants, Eleanor Long, a single person; Defendant, Morgan and Tindy Marshall, husband and wife, and their marital community; Defendants, Fred and Betty Maxam, husband and wife, and their marital community; V.O. and Lucy McDole, husband and wife, and [their] marital community; Appellants, Stewart and Maxine Neel, husband and wife, and their marital community; Bill and Shirley Nodell, husband and wife, and their marital community; Don and Linda Reid, husband and wife, and their marital community; Defendants, Bruce Ries and Marilyn Donogh; Appellants, Kurt and Ilse Ries, husband and wife, and their marital community; Barry and Julie Scott, husband and wife, and their marital community; Beverly Tufarolo, a single person; Rodney and Nina Waldbaum, husband and wife, and their marital community; Floyd and Marcia Walker, husband and wife, and their marital community; Defendants, Robert and Marian Webb, husband and wife, and their marital community; individually and collectively doing business as Mercia Corporation, Appellants.

Court of Appeals of Washington, Division One.

As Amended February 13, 1996.


Attorney(s) appearing for the Case

John Aramburu, Washington, DC, for Appellants.

Christopher Brain, Seattle, for Respondents.


COX, Judge.

In 1992, William and Carolyn Riss bought Lot 6 in Mercia Heights with plans to raze the existing dwelling and build a new one. The Risses submitted their proposed plans for the new dwelling to the homeowners' association for approval. The association rejected the plans, claiming they were inconsistent with restrictive covenants governing the development. The Risses commenced an action against the homeowners and...

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