Legal Opinion

Bishop Creek Lodge v. Scira

California Court of Appeal

Decided July 2, 1996No. E012009PublishedCited by 12 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

RICHLI, J.

This action is just one of many that have arisen out of a restrictive covenant recorded in 1953. The covenant purports to prohibit the use of the burdened property for cabin rentals, or for grocery, beer or gasoline sales. Presently, defendants Ronald and Donna Scira (the Sciras) own the property originally burdened by the covenant. Plaintiff Bishop Creek Lodge (Bishop Creek) owns one piece of the property originally benefited by the covenant; plaintiff the Emmett Rice Trust (the Trust) owns another piece. Mainly, however, as the trial court put it, the covenant has burdened…

2Cases cited13 opinions

  1. Seeger v. OdellCalifornia Supreme Court · 1941
  2. Schaefer v. BerinsteinCalifornia Court of Appeal · 1956
  3. GHK Associates v. Mayer Group, Inc.California Court of Appeal · 1990
  4. Anderson v. ThacherCalifornia Court of Appeal · 1946
  5. Regus v. SchartkoffCalifornia Court of Appeal · 1957

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Alfaro v. Community Housing Improvement System & Planning Assn., Inc.California Court of Appeal · 2009
  2. Baker v. Stewart Title & Trust of Phoenix, Inc.Court of Appeals of Arizona · 2000
  3. Michelson v. CampCalifornia Court of Appeal · 1999
  4. Palmer v. ZaklamaCalifornia Court of Appeal · 2003
  5. Slintak v. Buckeye Retirement Co., LLCCalifornia Court of Appeal · 2006

7 more not listed; retrieve them via the Exa API.

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