PETERSON v. KOESTER

No. 50941-1-I.

92 P.3d 780 (2004)

Roger F. and Diane Lisle PETERSON, husband and wife; Richard D. Hill and Lara E. Foote, husband and wife; John E. Ederer and Jean C. Ederer, husband and wife; Carl North and Ethel M. North, husband and wife; and Wagih Abu-Rish and Eileen J. Abu-Rish, husband and wife; and the marital communities composed thereof, Respondents, v. Robert A. KOESTER and Judith G. Koester, husband and wife, and the marital community composed thereof, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered June 15, 2004.


Attorney(s) appearing for the Case

Jerret Sale, Matthew Sekits, Seattle, for appellants.

Charles Watts, Oseran, Hahn, Spring & Watts, Bellevue, for respondents.


BAKER, J.

Robert and Judith Koester purchased property in a subdivision governed by covenants that required lot owners to obtain approval from an Architectural Control Committee (ACC) before beginning construction. The Koesters built a pool and mechanical room, and were sued by their neighbors. Although the Koesters had submitted plans, the trial court found that they had deliberately and knowingly violated the consent to construction covenant because the final construction...

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