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CITY OF OCEANSIDE v. McKENNA

Docket No. D008264.

215 Cal.App.3d 1420 (1989)

264 Cal. Rptr. 275

CITY OF OCEANSIDE et al., Plaintiffs and Respondents, v. MICHAEL SHAWN McKENNA, Defendant and Appellant.

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

November 22, 1989.

Attorney(s) appearing for the Case

COUNSEL

Patrick E. Catalano, Robert E. Adams and Lynde Selden II for Defendant and Appellant.

Daley & Heft, Dennis W. Daley and Patricia A. Shaffer for Plaintiffs and Respondents.

OPINION

TODD, J.

Here, we consider whether the covenants, conditions and restrictions (CC&Rs) of a publicly subsidized condominium project validly can require owner occupancy and forbid the leasing of units. Michael Shawn McKenna appeals from a judgment against him on the City of Oceanside's (City) suit for injunctive and declaratory relief seeking to enforce such restrictions at the Sea Village condominium project, a part of...

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