Seaton

In an action filed January 22, 1971, plaintiffs sought an injunction and declaratory relief for the enforcement of certain restrictions and protective covenants applicable to> a tract housing development known as Montalvo Heights in Ventura County. Plaintiffs are homeowners in the tract.

The thrust of the restrictions sought to be enforced was that the tract be limited to single family dwellings for residential use.

It was alleged that defendants in violation of said restrictions were maintaining, in a house in the tract, a business establishment in the nature of a facility for the care of the mentally retarded. Defendant Marjorie Clifford is the owner of the property; defendant Kathryn Runyan merely assisted Clifford in the enterprise and all further references are to defendant Clifford.

On May 21, 1971, the superior court granted an order for summary judgment and permanently enjoined defendants from “[ojperating any business or commercial establishment or any facility for the care of the mentally retarded, mentally disordered or otherwise handicapped persons, . . on the property in question. Defendants appeal.

In her declaration in opposition to summary judgment…