ST. LUKE'S v. HALES

No. 1223-43051-3.

13 Wn. App. 483 (1975)

534 P.2d 1379

ST. LUKE'S EVANGELICAL LUTHERAN CHURCH OF COUNTRY HOMES et al, Appellants, v. HUBERT R. HALES et al, Respondents.

The Court of Appeals of Washington, Division Three.

As amended by order June 25, 1975.


Attorney(s) appearing for the Case

Cooper & Roberts and R. Maurice Cooper, for appellants.

Kain & Snow and George A. Kain, for respondents.


[As amended by order of the Court of Appeals June 25, 1975.]

MUNSON, J.

Twelve plaintiffs seek to have a restrictive covenant removed from their property deeds which, when platted in 1922, read as follows: "No buildings erected on said tracts shall ever be used for business purposes of any kind."

The defendants are the remaining owners of property within the platted area, designated as Country Homes Estates, which contains approximately 500 separate...

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