Legal Opinion

Hartstene Point Maintenance Ass'n v. Diehl

Court of Appeals of Washington

Decided April 30, 1999No. 22125-0-IIPublishedCited by 3 opinions

1Opinion of the CourtArmstrong, J.

— John Diehl appeals a judgment that he violated the restrictive covenants of Hartstene Point when he cut down a tree on his property. Because the architectural control committee was not properly constituted when it denied Diehl’s tree cutting application, we reverse the judgment in part.

FACTS

Hartstene Pointe is a 530-lot community formed by a subsidiary of the Weyerhaeuser Corporation on Hartstene Island in Mason County. Lots in the community are subject to restrictive “Covenants, Conditions, and Restrictions” (CC&Rs), whose purpose is “to protect the value and desirability of the aforesaid…

2Cases cited2 opinions

  1. Twisp Mining & Smelting Co. v. Chelan Mining Co.Washington Supreme Court · 1943
  2. Barnett v. HicksWashington Supreme Court · 1990

3Cited by3 opinions

  1. Keller v. Sixty-01 Associates of Apartment OwnersCourt of Appeals of Washington · 2005
  2. Kent L. Davis On Behalf Of Olympia Food Co-op v. Grace CoxCourt of Appeals of Washington · 2020
  3. Larry Edberg and Julie Edberg, (APPELLANTS/CROSS-APPELLEES) v. the Laurel Canyon Ranch Architectural Review Committee, (APPELLEE/CROSS-APPELLANT), Texas Court of Appeals, 4th District (San Antonio)2009

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