Sandstrom v. Larsen

OPINION OF THE COURT BY

OGATA, J.

This is an action for a mandatory injunction to require defendants-appellants Cyril and Marjorie Larsen (hereinafter appellants) to remove the top story of their residential structure. The court below issued the mandatory injunction pursuant to its finding that appellants’ structure violates a restrictive height covenant applicable to appellants’ property.

Appellants first contest the trial court’s finding that there was no abandonment of the restrictive covenant. Alternatively, they assert that the court below erred both in failing to take into account the…