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Nahrstedt v. Lakeside Village Condominium Ass'n, Inc.
Supreme Court of California
8 Cal. 4th 361, 878 P.2d 1275 (1994)
Nahrstedt (plaintiff) purchased a unit in the Lakeside Village Condominiums and moved in with her three cats. When the condominium association (defendant) (the Association) learned of the cats, it demanded their removal. Nahrstedt sued the Association, arguing that the restriction was unreasonable as applied to her cats, which were kept indoors and not free to roam any common areas. The trial court sustained the Association’s demurrer against the complaint, and Nahrstedt appealed. A divided appeals court held that Nahrstedt’s allegations that her cats remained indoors and did not bother her neighbors could, if proven, support a declaratory judgment action. The Association appealed to the Supreme Court of California.
Rule of Law
Holding and Reasoning (Kennard, J.)
Dissent (Arabian, J.)
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