Citizens for Covenant Compliance v. Anderson

12 Cal. 4th 345, 906 P.2d 1314, 47 Cal.Rptr.2d 898 (1995)

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Citizens for Covenant Compliance v. Anderson

California Supreme Court
12 Cal. 4th 345, 906 P.2d 1314, 47 Cal.Rptr.2d 898 (1995)

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Facts

Jared and Anne Anderson (defendants) purchased adjacent lots in neighboring subdivisions. When the subdivisions were created, declarations of covenants, conditions, and restrictions (CC&Rs) were recorded for each, restricting use of the lands to residential purposes. The Andersons wished to harvest grapes and operate a winery on their properties. The CC&Rs were not included or referenced in the Andersons’ deeds but were mentioned in the Andersons’ title insurance reports. Landowners in both subdivisions and the Citizens for Covenant Compliance (plaintiffs) sued the Andersons, seeking to enforce the CC&Rs and prevent the Andersons from operating their business on the properties. The trial court granted the Andersons summary judgment. The court of appeal affirmed. The California Supreme Court granted the plaintiffs’ petition for review.

Rule of Law

Issue

Holding and Reasoning (Arabian, J.)

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