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SAVE SEA LAWN ACRES ASS'N v. MERCER

No. 58941-5-I.

166 P.3d 770 (2007)

SAVE SEA LAWN ACRES ASSOCIATION, a non-profit corporation, Appellant, v. James MERCER Jr. and Jane E. Powers, husband and wife; John B. and Pamela Joyce Harwood, husband and wife; Frank Douglas and Patricia Woods Schattauer, husband and wife; Charles Pollard and Lytitia Weed Parmenter, husband and wife; Judith M. and David Joseph Dellino, husband and wife; Jeanne J. Counts; Mary Jane Lillington; Scott and Lynn Vesey, husband and wife; David W. Goit; Julie M., Joanne and Caroline McCormick; Ernest W. and Charlotte L. Lauridsen, husband and wife; Thomas A. and Valerie R. Jacobson, husband and wife; Mark D. and Maria S. Nelson, husband and wife; Peter S. Margitan and Carol Zwiebel, husband and wife; Heather and David Miller, husband and wife; Carolyn Cushing Kruse; Dorothy M. Silkwood; Charles P.E. Leitch; Marlene Friend; Douglas J. and Sharon M. Howell, husband and wife; Dorothy H. and David E. Bronson, husband and wife; Evelyne J. Marwood; William E. and Pearl B. Mangold, husband and wife; Thomas E. Healy Jr.; Edward J. Wherland; William R. and Eva Mae Keeler Anderson, husband and wife; Randy Lee Nanstad; Joseph A. and Grace Ch Hensley, husband and wife; Jonathan A. Maas and Allison C. Hiltner, husband and wife; Joanna G. Veloras; Jonathan E. Park; Loui G. Veloras and Constantina M. Delhoras, husband and wife; Pamela M. Graber; Stephanie Jo McManusvon Lossow; Alexis Tristan; Kay M. Groves; Carole Olson; Billy D. Courter; Timothy T. Boyce; Willard F. and Teresa L. Noonan, husband and wife; Erik and Sandra E. Klepp, husband and wife; Stephen S. and Sandra L. Haanen, husband and wife; Donna A. Williams; Janice E. Palumbo; Julie Ann and Richard Holly; Alvin Julius Geiser and Elyse Joy Lituack; and Wilma C. Johnson, and John Does 1-30, Respondents.

Court of Appeals of Washington, Division 1.

August 27, 2007.

Attorney(s) appearing for the Case

Stephen Tadashi Araki, Robert Brian Jackson, Attorney at Law, Bellevue, WA, Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Appellant.

Scott E. Feir, Montgomery Purdue Blankinship & Austin, Seattle, WA, for Respondents.

GROSSE, J.

¶ 1 Extrinsic evidence to interpret a covenant is limited to the interpretation of the covenant itself and may not be used to show an intention independent of the instrument. Thus, a sales brochure claiming an unobstructed view for lots in one plat does not aid in the interpretation of a covenant that burdens lots in a separate and distinct plat. Here, where the parties in one plat have revoked the restrictive covenant for that plat, the owners of...

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