Schlager v. Bellport

76 P.3d 778 (2003)

Randall SCHLAGER and Joselito Castillo, Appellants,

v.

Patricia BELLPORT and John Sarine, Respondents.

No. 51325-7-I.

Court of Appeals of Washington, Division 1.

September 22, 2003.

Mark D. Kimball, Bellevue, WA, for Appellants.

Frank R. Siderius, Siderius Lonergan & Martin LLP, Seattle, WA, for Respondents.

ELLINGTON, J.

Randall Schlager sought to enforce the terms of a covenant restricting building height. But because his property and that burdened by the covenant were once unified under a single ownership, the interests in the covenant merged. The covenant was therefore…