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ROSS v. BENNETT

No. 61414-2-I.

203 P.3d 383 (2008)

148 Wash.App. 40

Marilyn ROSS and Robert Schwartzberg, husband and wife, Respondent/Cross-Appellant, v. Mark BENNETT, a single man, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 1.

As Amended January 27, 2009.

Attorney(s) appearing for the Case

Wright A. Noel, 5tacy Goodman, Carson & Noel PLLC, Issaquah, WA, for Appellant/Cross-Respondent.

Donald E. Eaton, Attorney at Law, Friday Harbor, WA, for Respondent/Cross-Appellant.

APPELWICK, J.

¶ 1 A restrictive covenant requires homes in Cattle Point Estates, a subdivision on San Juan Island, Washington, to be used for "residence purposes only." Residential purposes explicitly allows for tenants. No provision explicitly restricts the duration of the tenancy. We hold that short-term rental of the property for residential purposes is not prohibited. We reverse.

FACTS

¶ 2 In 1997 Marilyn Ross and Robert Schwartzberg...

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