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Plaintiffs appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling which plaintiffs allege would violate tract building restrictions.

Plaintiffs and defendants are the owners, respectively, of Lots 26 and 9 in “Yacht Club Terrace,” a Point Loma subdivision. Lot 26 is deeper than Lot 9; partly adjoins the latter; and lies in a general northwesterly direction therefrom. Both of these and other lots in Yacht Club Terrace are hillside residential sites having a view of a yacht harbor in San Diego Bay. Ownership of the lots in this subdivision is subject to building restrictions common to the tract which are set forth in a declaration of record. Pertinent to the issues at hand is the following restriction:

The declaration concludes with the recital:

Defendants propose to build a dwelling on Lot 9 which plaintiffs allege would violate the restriction that “no dwelling shall . . . contain more than one floor above the ground floor.” The declaration of building restrictions provided for the submission to and approval by the ownersubdivider, or a committee appointed by him, of any proposed building prior to construction. Defendants submitted…