South Creek Associates v. Bixby & Associates, Inc.

I respectfully dissent from the majority’s holding that the public nature of PUD plan provisions precludes the need for any rec-ordation of the plan provisions in order to provide notice to subsequent purchasers. At 1033. I believe PUD plans are not legislative ordinances. The approval of PUD plans is a quasi-judicial act which does not provide to subsequent purchasers the notice contemplated by the recording statute.

I

This case involves the effect of approved PUD plan provisions on the property rights of private parties. The PUD application *1036submitted by McStain Enterprises, Inc. (McStain)…