Legal Opinion

Barrett v. Lipscomb

California Court of Appeal

Decided September 24, 1987No. C000212PublishedCited by 11 opinions

1Opinion of the Court

Opinion

CARR, J.

In this appeal we consider whether a restrictive covenant initially recorded in 1964 and which limits the use of each lot in a subdivision to one single family dwelling has continued viability after the enactment in 1978 of Health and Safety Code section 1566.5. The order at issue in this appeal is one modifying a permanent injunction to allow defendants Ralph and Bessie Lipscomb (the Lipscombs) and Real Party in Interest Dr. June Abts (Dr. Abts) to operate a small commercial residential care facility on real property subject to a restrictive covenant limiting use of the…

2Cases cited14 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  3. People v. OverstreetCalifornia Supreme Court · 1986
  4. Solberg v. Superior CourtCalifornia Supreme Court · 1977
  5. Burks v. Poppy Construction Co.California Supreme Court · 1962

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3Cited by11 opinions

  1. Harris v. Capital Growth Investors XIVCalifornia Supreme Court · 1991
  2. Mains Farm Homeowners Ass'n v. WorthingtonWashington Supreme Court · 1993
  3. Hagemann v. WorthCourt of Appeals of Washington · 1989
  4. Chico Feminist Women's Health Center v. ScullyCalifornia Court of Appeal · 1989
  5. Broadmoor San Clemente Homeowners Assn. v. NelsonCalifornia Court of Appeal · 1994

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