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NIEMANN v. VAUGHN COMMUNITY CHURCH

No. 74782-2.

113 P.3d 463 (2005)

154 Wash.2d 365

Joyce NIEMANN, Petitioner, v. VAUGHN COMMUNITY CHURCH, Respondent.

Supreme Court of Washington, En Banc.

Decided June 9, 2005.

Attorney(s) appearing for the Case

Douglas Vincent Alling, Michael E. McAleenan, Robert Eugene Mack, Smith Alling Lane, Tacoma, for Petitioner.

Thomas Francis Peterson, Susan K. Goplen, Socius Law Group PLLC, Seattle, Craig A. Robertson, Robertson & Associates, Gainsville, Fl, for Respondent.

George Richard Hill, Aaron Hugh Caplan, Seattle, for Amicus Curiae (American Civil Liberties Union of Washington).

BRIDGE, J.

¶ 1 This case requires us to consider whether an alleged restrictive covenant in a deed transferring church property from one church to another, prevents the receiving church, Vaughn Community Church (VCC), from selling the original church property in order to relocate to a larger, nearby property. Petitioner Joyce Niemann, a parishioner at VCC, brought suit alleging the restrictive covenant in the deed prevented the proposed sale. The trial court...

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