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  5. 215 Cal.App.3d 1142 (1989)
 

B.C.E. DEVELOPMENT, INC. v. SMITH

Docket No. D008066.

215 Cal.App.3d 1142 (1989)

264 Cal. Rptr. 55

B.C.E. DEVELOPMENT, INC., Plaintiff and Respondent, v. CARROLL J. SMITH et al., Defendants and Appellants.

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

November 17, 1989.

Attorney(s) appearing for the Case

COUNSEL

John V. Stanley for Defendants and Appellants.

Nicholas C. Banche and K. Martin White for Plaintiff and Respondent.

OPINION

FROEHLICH, J.

La Costa Land Company (La Costa) was a corporation engaged in the development and sale of residential realty. It developed and marketed a multi-unit project called La Costa South Unit No. 1. In June of 1968 La Costa caused to be recorded a "Declaration and Establishment of Protective Conditions and Restrictions" (the CC&Rs) which purported to establish restrictions of various kinds on all lots within the...

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