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DEEP WATER BREWING v. FAIRWAY RESOURCES LTD.

Nos. 27014-9-III, 27024-6-III.

215 P.3d 990 (2009)

DEEP WATER BREWING, LLC, a Washington limited liability company; Robert D. Kenagy and Roberta D. Kenagy, husband and wife, and the marital community composed thereof, Respondents, v. FAIRWAY RESOURCES LIMITED, a Washington limited liability company, and John Does 2-42, Defendants, Key Development Corporation, a Washington corporation; Key Bay Homeowners Association, a Washington nonprofit corporation; Jack A. Johnson and Jane Doe Johnson, husband and wife, and the marital community composed thereof; and Michael Taylor and Patricia Taylor, and the marital community composed thereof, Appellants.

Court of Appeals of Washington, Division 3.

September 10, 2009.

Attorney(s) appearing for the Case

Stephan E. Todd, Attorney at Law, Bothell, WA, Robert B. Jackson, Attorney at Law, Bellevue, WA, for Appellants.

Paul S. Kube, Julie K. Norton, Ogden Murphy Wallace PLLC, Wenatchee, WA, for Respondents.

SWEENEY, J.

¶ 1 This suit follows a dispute between a developer and a restaurant owner. The restaurant owner's predecessor in interest granted the developer a right-of-way in exchange for money and the developer's promise to restrict the height of houses in the development so as not to impair the view of Lake Chelan from the restaurant building. The trial court concluded that the developer ultimately breached that agreement and that the development's homeowners...

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