LENHOFF v. BIRCH BAY REAL ESTATE

No. 5823-1.

22 Wn. App. 70 (1978)

587 P.2d 1087

ANGUS W. LENHOFF, ET AL, Respondents, v. BIRCH BAY REAL ESTATE, INC., ET AL, Appellants.

The Court of Appeals of Washington, Division One.

December 4, 1978.


Attorney(s) appearing for the Case

Abbott, Lant & Fleeson, Kargianis & Austin, Russell A. Austin, Jr., and George Kargianis, for appellants.

Asmundson, Rhea & Atwood, for respondents.


RINGOLD, J.

The defendant Barbara Turner appeals from a judgment construing a covenant in a plat to prohibit a mobile home and ordering its removal. We affirm the trial court's findings and conclusions, but reverse the judgment ordering the removal of the structure.

Ms. Turner purchased a lot in the Birchmont Addition subdivision, the plat subject to the following protective restrictions recorded in 1956:

No buildings shall be erected or placed upon...

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