ZABRUCKY

ZABRUCKY v. McAdams

Good Law
129 Cal. App. 4th 618·2005 Cal. App. LEXIS 785·2005 Daily Journal DAR 5735·28 Cal. Rptr. 3d 592·2005 Cal. Daily Op. Serv. 4225
Court of Appeal of CaliforniaMay 18, 2005B167590California13,286 words

Opinion

lead Opinion

Woods, J.

Plaintiffs John Zabrucky and Jaylene Zabrucky and defendants Lloyd McAdams and Heather Baines are adjoining neighbors in the Marquez Knolls area of Pacific Palisades. Amicus curiae Marquez Knolls Property Owners Association (MKPOA) is a nonprofit homeowners association for that area. Plaintiffs sued defendants alleging defendants’ proposed addition to their residence would violate paragraph 11 of the relevant covenants, conditions and restrictions (CC&R’s) by obstructing plaintiffs’ view of the ocean. The court interpreted paragraph 1 11’s prohibition against erecting any struc *620 ture which obstructs a view as only prohibiting structures of the landscape type and not dwellings. Plaintiffs challenge the court’s interpretation. We reverse.

FACTUAL AND PROCEDURAL SYNOPSIS

I. Factual Background

The Marquez Knolls CC&R’s include provisions, which (1) in paragraph 1, limit residences built on the property to one story (except that a two-story residence could be approved by the architectural committee if it did not detract from anyone else’s view); (2) in paragraph 2, require all buildings and any alterations to be preapproved by the architectural committee and later by…

concurrence Opinion

Perluss, J.

McAdams and Heather Baines want to Lloyd remodel their home in the Marquez Knolls section of the Pacific Palisades by constructing a one-story addition. Their neighbors on Turquesa Lane, John and Jaylene Zabrucky, object because the addition would impair their unobstructed ocean view. Acknowledging that the neighbors’ competing arguments regarding the correct interpretation of the governing covenants, conditions and restrictions (CC&R’s) are closely balanced, the majority has fashioned a practical and fair resolution of the problem: McAdams and Baines may proceed with their remodeling project only to the extent it does not unreasonably obstruct the Zabrucky s’ view.

*630 As sensible as the majority’s compromise may be (putting aside the inevitable future disputes between these warring neighbors as to what could possibly constitute a “reasonable obstruction” of the Zabrucky s’ self-described “incredible, unobstructed ocean view”), the plain language of paragraph 11 of the CC&R’s, upon which the Zabruckys and the majority rely, particularly when considered together with other provisions in the CC&R’s, does not support the majority’s evenhanded result. First, paragraph 11 cannot…

Opinion

Plaintiffs John Zabrucky and Jaylene Zabrucky and defendants Lloyd McAdams and Heather Baines are adjoining neighbors in the Marquez Knolls area of Pacific Palisades. Amicus curiae Marquez Knolls Property Owners Association ("MKPOA") is a non-profit homeowners association for that area. Plaintiffs sued defendants alleging defendants' proposed addition to their residence would violate Paragraph 11 of the relevant covenants, conditions and restrictions ("CC & Rs") by obstructing plaintiffs' view of the ocean. The court interpreted Paragraph [1] 11's prohibition against erecting any structure which obstructs a view as only prohibiting structures of the landscape type and not dwellings. Plaintiffs challenge the court's interpretation. We reverse.

The Marquez Knolls CC & Rs include provisions, which (1) in Paragraph 1, limit residences built on the property to one story (except that a two-story residence could be approved by the architectural committee if it did not detract from anyone else's view); (2) in Paragraph 2, require all buildings and any alterations to be preapproved by the architectural committee and later by the MKPOA, the powers of which lapsed permanently on…

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