Hiner v. Hoffman

Dissenting Opinion by

NAKAYAMA, J.,

with whom RAMIL, J., Joins

I dissent. The language “two stories in height” is not ambiguous. Nevertheless, in order to spare what is undisputably a third story on the Hoffmans’ home, the majority labors to create ambiguity where none existed before — certainly not in the perception of the Hoffmans’ community, and apparently not in the Hoffmans until the present appeal. The majority thus saves one story of a single house, but betrays years of reliance by the Hoffmans’ neighbors and the larger Pacific Palisades community on the covenant’s plain language and…