Bersos v. Cape George Colony Club

This case presents a conflict between the strong public policies favoring free use of land and legitimate private land use control. Cape George Colony is a real estate development on the shores of Puget Sound in Jefferson County. The plat of Cape George Colony contains cer tain restrictive covenants. Among these are two that are crucial to this dispute:

All purchasers or owners of real property or interest therein in this plat must be acceptable to the Membership Committee of Cape George Colony, a non-profit corporation (hereinafter referred to as “the corporation”), to be formed by Cape…