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LAKEWOOD RACQUET CLUB, INC. v. JENSEN

No. 38906-1-II.

232 P.3d 1147 (2010)

LAKEWOOD RACQUET CLUB, INC., a Washington corporation, Appellant, v. Mary Margaret JENSEN; A. Dwight Orr, Jr.; and Michael Scott Orr; being the heirs of A.D. Orr and Margaret Orr, deceased, Respondents.

Court of Appeals of Washington, Division 2.

May 18, 2010.

Attorney(s) appearing for the Case

Steven Leonard Larson, Attorney at Law, Scott David Winship, Vandeberg Johnson & Gandara, Tacoma, WA, for Appellant.

Clayton Arthur Hill, The Gosanko Law Firm, Mercer Island, WA, Heidi Moldenhauer York, The York Law Firm PLLC, Seattle, WA, for Respondents.

PENOYAR, J.

¶ 1 In 1962, A. Dwight Orr, Sr. sold about ten acres of undeveloped land near his family's home to the Lakewood Racquet Club. Covenants in the real estate contract and fulfillment deed forbid the Club from subdividing, building residences, or using the land for any purpose besides a "tennis, swimming, and squash club" without the consent of Orr or his heirs. In 1976, Orr's heirs sold the remaining family property to third parties. In 2007, the Club...

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