Bisno

North Beverly Park Homeowners Ass'n v. Bisno

Good Law
147 Cal. App. 4th 762·2007 Cal. App. LEXIS 187·54 Cal. Rptr. 3d 644·7 Cal. Daily Op. Serv. 1616
Court of Appeal of CaliforniaFebruary 13, 2007B188779California8,024 words

Opinion

Opinion

Willhite, J.

INTRODUCTION

Defendants Jeannette and Robert Bisno (the Bisnos) appeal from an order denying their postjudgment motion to dissolve a permanent injunction. This appeal is their second in a lawsuit brought against them by plaintiff North Beverly Park Homeowners Association (the Association).

Beginning in 1999, the Bisnos planned to build a home in North Beverly Park, a luxury community in Beverly Hills. The Association’s architectural review committee disapproved certain aspects of the Bisnos’ plans, including the design of their front gates and a particular sculpture they intended to place in their motor court. In June 2002, the Association sued the Bisnos for breach of covenants, nuisance, and trespass. As here relevant, the Association sought an injunction preventing the Bisnos from installing the front gates and sculpture. The trial judge initially granted a preliminary injunction prohibiting installation of the sculpture and gates. Ten months later, on the Bisnos’ motion, the court dissolved the injunction. The Bisnos then installed the sculpture and gates.

From March 8 through March 26, 2004, the trial judge held a nonjury trial on the Association’s complaint. On…

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