Bauman v. Turpen View Dispute
N/AOUTCOME: Saved Our Clients' View of the Puget Sound
The Defendants built a 3-story house on the lot directly downhill from Plaintiffs in violation of a restrictive deed on the property. The restriction was intended to protect the uphill neighbors' (our ... clients') view and expressly limited any house built on the downhill lot to a single story. The Defendants were ultimately ordered to abate their violation by tearing off the roof of their completed home. Additional Info: Because the Defendants had proceeded to build in the face of litigation questioning their interpretation of "single story" they were not afforded any protection under the law as innocent Defendants and thus were not permitted a balancing of the hardships. Instead, the Appellate Court upheld the trial court's findings that the Defendants' home was three stories and that the top 10 to 14 feet blocked the Plaintiffs' view of the sound, the view that was meant to be protected by the restrictive covenant. Our clients are once again enjoying their view of the Sound and the Olympics.
