SCHLAGER v. BELLPORT

No. 51325-7-I.

76 P.3d 778 (2003)

Randall SCHLAGER and Joselito Castillo, Appellants, v. Patricia BELLPORT and John Sarine, Respondents.

Court of Appeals of Washington, Division 1.

September 22, 2003.


Attorney(s) appearing for the Case

Mark D. Kimball, Bellevue, WA, for Appellants.

Frank R. Siderius, Siderius Lonergan & Martin LLP, Seattle, WA, for Respondents.


ELLINGTON, J.

Randall Schlager sought to enforce the terms of a covenant restricting building height. But because his property and that burdened by the covenant were once unified under a single ownership, the interests in the covenant merged. The covenant was therefore extinguished as to Schlager's lot. The trial court properly granted summary judgment dismissing Schlager's complaint.

FACTS

This case involves adjacent parcels of residential...

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