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CITIZENS FOR COVENANT COMPLIANCE v. ANDERSON

Docket No. S043578.

12 Cal.4th 345 (1995)

906 P.2d 1314

47 Cal. Rptr.2d 898

CITIZENS FOR COVENANT COMPLIANCE et al., Plaintiffs and Appellants, v. JARED A. ANDERSON et al., Defendants and Appellants.

Supreme Court of California.

December 29, 1995.

Attorney(s) appearing for the Case

COUNSEL

Wilson, Sonsini, Goodrich & Rosati and Debra Summers for Plaintiffs and Appellants.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Jan S. Stevens, Assistant Attorney General, Jamee Jordan Patterson, Deputy Attorney General, William M. Pfeiffer, Steven A. Sokol, Sonia M. Younglove, Miller, Starr & Regalia, Harry D. Miller, Rutan & Tucker and Anne Nelson Lanphar as Amici Curiae on behalf of Plaintiffs and Appellants.

Roger Bernhardt, Cooley, Godward, Castro, Huddleson & Tatum, Kenneth J. Adelson, Benjamin K. Riley and Yvonne Gonzalez Rogers for Defendants and Appellants.

Stephen Cavellini as Amicus Curiae on behalf of Defendants and Appellants.

OPINION

ARABIAN, J.

The Andersons want to plant and harvest grapes, operate a winery, and keep llamas on their property in Woodside. Some neighbors object, and claim such activities are prohibited by covenants, conditions and restrictions (CC&R's) that limit the Andersons' property, and theirs, to residential use. The Andersons counter, thus far successfully, that the CC&R's are not enforceable because they are not mentioned...

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