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Property Keyed to Merrill
Peckham v. Milroy
Citation:
17 P.3d 1256 (Wash. Ct. App. 2001)Facts
The developer of a neighborhood called Spokance Terrace Addition (STA) subjected some lots to restrictive covenants in 1955. One covenant prohibited the use of the property “for business purposes of any kind whatsoever . . .” The Milroy residence was subject to this restrictive covenant. Mrs. Milroy operated a day care in the residence. Mr. Peckham sued to obtain an injunction to enjoin the day-care operation. The Milroys argued that the covenant is not applicable since it was either abandoned, the complaint by the plaintiff was prohibited by laches or equitable estoppel, or that the covenant violated public policy.
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Topic Resources
Topic Outline
Real Covenants and Equitable ServitudesTopic Charts & Notes
Covenants