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DAY v. SANTORSOLA

No. 50462-2-I.

76 P.3d 1190 (2003)

Russell DAY and Ruthanne Day, husband and wife, Respondent/Cross Appellants, v. Julie SANTORSOLA and Tony Santorsola, wife and husband and their marital community; Chuck Carey and Michelle Carey, husband and wife and their marital community; David Heimbach and Barbra Heimbach, husband and wife and their marital community; and Howard Barnebey and K.D. Barnebey, husband and wife and their marital community, Richard Miller and Marnell Miller; Dean Tedder; Allen Fowler; Sandra Yeater; Mathew Davenport; Berit Burton; Ed Hunt and Meg Hunt; John Cox and Pat Cox; Mark Fanning and Vicki Fanning; Dennis Lessette and Kathy Lessette; Victor Bahna and Ann Bahna; Susan Glass; Hugh Gruhn and Jackie Gruhn, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered September 8, 2003.

Attorney(s) appearing for the Case

Michael E. Gossler, Seattle, for appellants.

H. Troy Romero, Justin D. Park, Romero Montague, PS, Bellevue, Marion Ellen Morgenstern, Kent, for respondents.

SCHINDLER, J.

Russell and RuthAnne Day purchased a lot in the Burton Estates subdivision. The subdivision has restrictive covenants which require a committee to consent to construction of a house. The Committee rejected proposed plans for the Days' house. The Days sued the Committee and all the property owners, alleging that the Committee's rejection of their plans was not permitted under the covenants and that the Committee...

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