Confirm favorite deletion?
Property Keyed to Merrill
Peckham v. Milroy
Citation:17 P.3d 1256 (Wash. Ct. App. 2001)
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.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.