Rush v. Miller

Reed, A.C.J.

— Plaintiffs John Rush and Fred E. Lepo, Jr., obtained a judgment enjoining defendants Raymon Miller, et al, from constructing a road through the subdivision in which plaintiffs both own property. Crest Builders, Inc., the intervenor below, disagrees with the trial court's interpretation of the language of the restrictive covenants involved here and appeals. We affirm.

In August of 1959, certain restrictive covenants governing the use of land in the first addition of A. P. Johnson's Estates' subdivision were recorded in the Pierce County Auditor's Office. Covenant 5 states:

There…