PACIFICA HOMEOWNERS' v. WESLEY PALMS RETIREMENT

Docket No. D002396.

178 Cal.App.3d 1147 (1986)

224 Cal. Rptr. 380

PACIFICA HOMEOWNERS' ASSOCIATION, Plaintiff and Appellant, v. WESLEY PALMS RETIREMENT COMMUNITY et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

March 19, 1986.


Attorney(s) appearing for the Case

COUNSEL

A. Lee Estep and Estep, Williams & Gordon for Plaintiff and Appellant.

Kadison, Pfaelzer, Woodard, Quinn & Rossi and Laurence J. Hutt for Defendants and Respondents.


OPINION

STANIFORTH, Acting P.J.

Pacifica Homeowners' Association (Association) appeals the sustaining of a demurrer and the dismissal of its action seeking to enjoin the Wesley Palms Retirement Community and Pacific Homes, Inc. (collectively Wesley Palms) from allowing trees on its property to grow higher than its five-story building.

FACTS

The Association's members own single-family residences in a development,...

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