BAUMAN v. TURPEN

No. 57192-3-I.

160 P.3d 1050 (2007)

David and Carole BAUMAN, husband and wife; Respondents/Cross-Appellants, Robert Boyd and Patricia M. Maroushek, husband and wife; Robert and Susan Evans, husband and wife; Peter and Kaye Hutto, husband and wife; Richard and Liane Seims, husband and wife; Karen Kramer; Joy Finnigan; Calista Whiting; Robert and Mary Beth Spector, husband and wife; Vicki Sessions, Plaintiffs, v. Ronald and Lauren TURPEN, husband and wife, and the marital community comprised thereof, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered June 12, 2007.


Attorney(s) appearing for the Case

Tatayana A. Gidirimski, James A. Oliver, Seattle, David A. Herrman, Bucklin Even Pllc, Mercer Island, Counsel for Appellants.

Peter L. Buck, Kitteridge Oldham, Heather J. Pearce, Molly Anne Lawrence, Buck & Gordon, Seattle, Counsel for Respondents.


AGID, J.

¶ 1 In April 2004, the Baumans filed a complaint against the Turpens to enforce a deed restriction that limited any home built on the Turpens' property to "one story." The Turpens began constructing their home after the lawsuit was filed. The trial court granted the Baumans' motion for partial summary judgment, concluding that the 1949 covenant could not be interpreted by reference to the 1997 Uniform Building Code (UBC) or Seattle Building Code (SBC...

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