Scira

This action is just one of many that have arisen out of a restrictive covenant recorded in 1953. The covenant purports to prohibit the use of the burdened property for cabin rentals, or for grocery, beer or gasoline sales. Presently, defendants Ronald and Donna Scira (the Sciras) own the property originally burdened by the covenant. Plaintiff Bishop Creek Lodge (Bishop Creek) owns one piece of the property originally benefited by the covenant; plaintiff the Emmett Rice Trust (the Trust) owns another piece. Mainly, however, as the trial court put it, the covenant has burdened and benefited the courts of Inyo County.

Bishop Creek purchased its property from defendants Charles and Joyce Hernandez (the Hernandezes). At the time, there was an action pending in which the Hernandezes were seeking to enforce the covenant against the Sciras; the Sciras had cross-complained for a declaration that the covenant was unenforceable, and had recorded a lis pendens against the Hernandezes’ property. After the Hernandezes agreed to sell their property to Bishop Creek, and during escrow, the Hernandezes and the Sciras settled their lawsuit by stipulating to a judgment that the covenant was…