Russell

Russell v. Palos Verdes Properties

Caution
1963 Cal. App. LEXIS 1844·218 Cal. App. 2d 754·32 Cal. Rptr. 488
Court of Appeal of CaliforniaJuly 31, 1963Civ. 26530California6,886 words

Opinion

Opinion

Lillie, J.

Plaintiffs Russell sued Palos Verdes Properties (hereinafter referred to as “Properties”) and Rolling Hills Community Association of Rancho Palos Verdes (referred to herein as “Association”) for declaratory relief and to quiet title to Parcel 1 (approximately 8.6 acres of unimproved land), Parcels, 2 and 3 (easements for'“road purposes”) and Parcel 4 (.019 acre, not here involved), seeking relief from certain restrictions contained in Agreement and Declaration No. 150-W. Defendants' cross-complained to- enjoin plaintiffs from constructing any building on the- land -.without first securing the approval of Association, and frdm granting to others the unrestricted right to use Parcels 2 and '3, easements for road purposes, except upon the sale of -Parcel 1 as a unit. Judgment in favor of defendahts-and-crosscomplainants decreed that plaintiffs are the owners''’tíf'Párcels 1, 2, 3 and 4, subject, as to Parcel 1 only, to easéinén'ts and rights of way for road and other purposes over céi'íain portions thereof and across and under certain other described lands, with the right of Properties to grant to othérs; and subject further, as to Parcels 1, 2 and 3, to all “restrictions,…

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