Mountain Park Homeowners Association v. Tydings
Washington Supreme Court
883 P.2d 1383 (1994)
Paddy and Richard Tydings (defendants) owned a house in the Mountain Park development. The Tydingses’ house, as part of the development, was subject to certain restrictive covenants, which were enforced by the Mountain Park Homeowners Association (the association) (plaintiffs). These covenants were enumerated in the development’s covenant declaration and included a prohibition on the placement of television antennae on the exterior of any house. The Tydingses installed a television satellite dish on their house. The association notified the Tydingses that they were in violation of the covenant and ordered the removal of the satellite dish. The Tydingses refused to remove the dish. The association brought a complaint against the Tydingses to enforce the covenant. Although the association had enforced the television association covenant against other homeowners, the Tydingses alleged that the association’s failure to enforce other covenants violated by homeowners in the development made the attempted enforcement of the antenna covenant discriminatory. The lower court eventually held in the Tydingses favor and dismissed the complaint. The association appealed, and the court of appeals reversed and remanded the lower court’s dismissal, holding that the enforcement of other covenants was irrelevant. The Tydingses appealed.
Rule of Law
Holding and Reasoning (Dolliver, J.)
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