VIKING PROPERTIES, INC. v. HOLM

No. 75240-1.

118 P.3d 322 (2005)

VIKING PROPERTIES, INC., Respondent, v. Oscar William HOLM, Jr., and Martha Jean Holm, husband and wife; Robert E. Shelley and Kristin L. Shelley, husband and wife; Sam G. Deliganis and Vicki Deliganis, husband and wife; Bronston S. Kenny III (also appearing of record as Bronston Shelby Kenney and Bronston S. Kenney III); Robert R. Otto and Maureen J. O'Neill, husband and wife; Aldene C. Dunn; James L. Arnett and Catherine S. Osborne, husband and wife; Richard N. Davies; James J. Birchman and Christina Lee Birchman, husband and wife; Ann M. O'Connor; Mark E. Basel and Jeanne M. Basel, husband and wife; and James E. McManigal and Dorothy McManigal (also appearing of record as Dorothy G. McManigal), husband and wife, Petitioners.

Supreme Court of Washington, En Banc.

Decided August 18, 2005.


Attorney(s) appearing for the Case

Chryssa V. Deliganis, Shoreline, Steve P. Calandrillo, UW School of Law, Seattle, for Petitioners.

Richard L. Settle, Patrick John Schneider, Foster Pepper & Shefelman PLLC, Seattle, for Respondent.

David Scott Mann, Seattle, for Amicus Curiae 1000 Friends of Wash.

William B. Stoebuck, UW Law School, Seattle, for Amicus Curiae Professor William B. Stoebuck.


J.M. JOHNSON, J.

¶ 1 Appellant homeowners (Homeowners) and respondent Viking Properties, Inc. (Viking) own residential properties in a subdivision in the City of Shoreline (City) subject to a decades-old restrictive covenant. The covenant bars racial minorities from ownership of the land and imposes a density limitation providing that there may be no more than one dwelling on each one-half acre. Viking asked Homeowners to release the entire covenant so Viking...

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