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MACK v. ARMSTRONG

No. 26589-7-III.

195 P.3d 1027 (2008)

Morris MACK and Karilee Mack, husband and wife, Respondents, v. Byron ARMSTRONG and Laurie Armstrong, husband and wife, Appellants.

Court of Appeals of Washington, Division 3.

November 18, 2008.

Attorney(s) appearing for the Case

Jerome R. Aiken, Attorney at Law, Yakima, WA, for Appellants.

James Ketner Adams Jr., Wagner Luloff and Adams, Yakima, WA, for Respondents.

SWEENEY, J.

¶ 1 Specific provisions of real estate covenants take precedence over more general consent-to-construction provisions of those same covenants. Here, the covenants permitted construction of a residence up to 30 feet in height. The covenants also provided for approval of plans by an architectural committee. The trial court concluded that the appellants' house was under the 30-foot limit set out in the covenants but, nonetheless, ordered the owners to...

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