Leydet v. Germel, Inc.

By Judge Randall D. Smith

This matter is before the Court on Defendants’ Demurrer to Plaintiffs’ Amended Complaint. The Court has considered Defendants’ Demurrer, Plaintiffs’ brief in opposition, and the arguments of counsel. The Court is now prepared to rule on the matter.

I. Factual Background

Plaintiffs have pleaded that Defendants purchased two properties adjacent to Plaintiffs’ property for the construction of the eleven-home Suthemlyn Estate subdivision. The revised subdivision plan approved by the city’s Planning Department included a privacy fence and a ten-foot landscape buffer to be…