Kent v. Koch

Defendant appeals from a judgment restraining him from constructing a green fiberglass panel fence on his property without conforming to a certain declaration of restrictions, conditions, covenants and agreements.

Question Presented

Defendant raises many questions. However, determinative of the appeal is the question of the right of plaintiffs, owning no lots in subdivision 1 (in which defendant’s property is situated) to complain.

Facts

The facts are undisputed. In 1936 plaintiffs owned a large tract of land in Marin County which they called Kent Woodlands. That year they commenced to subdivide…