Brown v. Charlton

The problem before us is to determine who, if anyone, is responsible for fulfilling a subdivision plat covenant to provide domestic water. Respondent lot owners sought specific performance of the plat covenant to furnish domestic water to their lots located within the Rivervale Addition in Spokane County. The trial court enjoined both the original subdivider and his successor in interest from refusing to operate a domestic water supply system for the benefit of respondent property owners. We affirm as to the successor in interest, but reverse as to the original subdivider.

In 1961,…