Scholten v. Blackhawk Partners

OPINION

WEISBERG, Judge.

Plaintiffs sued for a declaratory judgment holding that an amendment to the restrictive covenants of the Willow Creek Heights Subdivision was not yet in effect. The trial court granted defendants’ motion for summary judgment, thereby concluding that the subject amendment had taken effect. We, however, conclude otherwise.

FACTS AND PROCEDURAL HISTORY

The parties own lots in the Willow Creek Heights Subdivision (“subdivision”), which are subject to a number of restrictive covenants created on August 23, 1960, when the Amended Declaration of Restrictions was recorded in the…