McCaffrey

James T. McCaffrey, Grace McCaffrey, Burnet F. Wohlford III, Betty M. Wohlford, Edward R. Hood, Margaret A. Hood, Ciar ence C. Sikes, June E. Sikes, Thomas E. Vos, Lynda M. Vos, Richard D. Malm, Mary E. Malm, Donn C. Alexander, Peggy A. Alexander and Dorothy C. Jeffers (neighbors of the respondents Stanley R. Preston and Wilma Preston) and Donald Graham, executor of the estate of the common grantor, Harry Hoffman, appeal a judgment denying them a permanent injunction against the Prestons’ operation of a residential care facility for six or fewer persons in the Rose Hill neighborhood.

The land now comprising the Rose Hill neighborhood near Escondido, California, was originally owned by Allie W. and Harry Hoffman. From 1960 to 1961 they sold three large parcels and retained a relatively small parcel for their personal residence. All of the Hoffman deeds contained a provision which, in pertinent part, states: “1. This property shall be used for single residential purposes only .... [A] breach of any of the foregoing conditions and restrictions shall cause the premises to revert to grantors, their heirs or assigns, each of whom respectively shall have the right of immediate…