Rodruck v. Sand Point
Washington Supreme Court
295 P.2d 714 (1956)
- Written by Mary Phelan D'Isa, JD
Facts
In 1928 Samuel Hayes, a developer, incorporated the Sand Point Country Club subdivision near Seattle, Washington. Hayes then incorporated the Sand Point Maintenance Commission (the commission) (defendant) to own and maintain the subdivision’s streets. Lot owners were automatically commission members. The bylaws gave the commission the right to assess members for street-maintenance and street-improvement expenses. The lot owners’ deeds and titles were subject to a restrictive covenant running with the land, requiring them to pay their share of commission-levied street- maintenance and street-repair expenses. In 1942 three lot owners (plaintiffs) purchased their lots with record notice of the covenant. In 1953 the subdivision was annexed to the City of Seattle, which then assessed the commission the costs for improving the subdivision’s streets. In turn, the commission levied against the members. The three lot owners challenged the assessment. The trial court ruled against the three lot owners, finding that they were liable to the commission for the assessment. The three lot owners appealed, arguing that the covenant was invalid.
Rule of Law
Issue
Holding and Reasoning (Schwellenbach, J.)
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