BRISTER v. TACOMA CITY COUNCIL

No. 4589-II.

27 Wn. App. 474 (1980)

619 P.2d 982

BARBARA BRISTER, ET AL, Respondents, v. THE COUNCIL OF THE CITY OF TACOMA, ET AL, Appellants. MAYER BUILT HOMES, INC., Appellant, v. WEDGEWOOD PARK, INC., ET AL, Defendants, BARBARA BRISTER, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

October 21, 1980.


Attorney(s) appearing for the Case

Harold T. Hartinger, Robert R. Hamilton, City Attorney, and Harding T. Roe, Assistant, for appellants.

Paul J. Kleinwachter, for respondents.


PETRIE, J.

This is the saga of a real estate developer's attempts to construct multifamily housing on portions of a 29.5-acre tract of land in Tacoma zoned "R-2", single family residential, and encumbered by restrictive deed covenants which prohibit business or commercial use or any use other than single family residences.

The cause comes to us on an appeal by the City of Tacoma and by Kurtis R. Mayer, d/b/a Mayer Built Homes, from a 1980 judgment which (1...

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