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GREENBANK BEACH AND BOAT CLUB v. BUNNEY

No. 66308-9-I.

280 P.3d 1133 (2012)

168 Wn. App. 517

GREENBANK BEACH AND BOAT CLUB, INC., and Holmes Harbor Water Company, Inc., Respondents, v. Dallas K. BUNNEY and Marylou Bunney, husband and wife, Appellants.

Court of Appeals of Washington, Division 1.

May 29, 2012.

Attorney(s) appearing for the Case

John Warner Widell , Attorney at Law, Santa Fe, NM, for Appellant.

H. Clarke Harvey , Attorney At Law, Clinton, WA, for Respondent.

BECKER, J.

¶ 1 Appellants Dallas and Marylou Bunney built a home that exceeded the height limitation of a restrictive covenant. In a suit brought by the homeowners associations, the trial court ordered the house to be modified. The court also awarded attorney fees, concluding that appellants acted in bad faith when they knowingly built a nonconforming home. We affirm the judgment ordering the house to be modified, but reverse the award of attorney fees. Prelitigation...

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