RISS v. ANGEL

No. 63898-5.

934 P.2d 669 (1997)

131 Wash.2d 612

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, Petitioners, Tim and Leslie Banks, husband and wife, and their marital community; 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, Petitioners, 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, et ux., Petitioners, Lloyd and Karen Hammel, husband and, wife, and their marital community; William and Pamela Hay, husband and wife, and their marital community; James and Christine Hillman, husband and wife and their marital community, Defendants, Kathy Hodge, a single person; Ron Levite, a single person, Petitioners, Eleanor Long, a single person; Morgan and Clarinda 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, Petitioners, 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-Ries, Petitioners, 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; Defendants, Robert and Marian Webb, husband and wife, and their marital community; individually and collectively doing business as Mercia Corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided April 10, 1997.


Attorney(s) appearing for the Case

Law Offices of J. Richard Aramburu, J. Richard Aramburu, Jeffrey M. Eustis, Seattle, for Petitioners.

Tousley & Brain, Christopher I. Brain, Seattle, Kimberly J. Kernan, Golden, CO, for Respondents.


MADSEN, Justice.

Members of the Mercia Heights homeowners association rejected Plaintiffs' building plans under a consent to construction clause in the subdivision's restrictive covenants. The trial court held that the association's rejection of the plans was unreasonable and arbitrary. The trial court further held the members jointly and severally liable for delay damages and attorney...

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