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BROWN v. CHARLTON

No. 45113.

90 Wn.2d 362 (1978)

583 P.2d 1188

CLYDE BROWN, ET AL, Respondents, v. C.W. CHARLTON, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

August 10, 1978.

Attorney(s) appearing for the Case

Bantz, Hemovich & Nappi, by William B. Bantz, for appellants Charlton.

Lukins, Annis, Bastine, McKay & Van Marter, P.S., by Martin G. Weber, for appellants Meagher.

Paine, Lowe, Coffin, Herman & O'Kelly, by Curtis L. Shoemaker and Gary A. Dahlke, for respondents.

BRACHTENBACH, J.

The problem before us is to determine who, if anyone, is responsible for fulfilling a subdivision plat covenant to provide domestic water. Respondent lot owners sought specific performance of the plat covenant to furnish domestic water to their lots located within the Rivervale Addition in Spokane County. The trial court enjoined both the original subdivider and his successor in interest from refusing to...

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