Dolan-King

Rancho Santa Fe Ass'n v. Dolan-King

Bad Law
115 Cal. App. 4th 28·2004 Cal. App. LEXIS 79·2004 Daily Journal DAR 773·8 Cal. Rptr. 3d 614·2004 Cal. Daily Op. Serv. 595
Court of Appeal of CaliforniaJanuary 7, 2004D040637, D041486California6,178 words

Opinion

Opinion

Huffman, J.

Patricia Dolan-King, a homeowner in the residential community of Rancho Santa Fe, is the defendant and appellant in this action to enforce a protective covenant, brought by the Rancho Santa Fe Association (the Association). The Association obtained judgment in its favor for injunctive and declaratory relief and an award of attorney fees, based on Dolan-King’s construction of a fence around her property without the appropriate permits or compliance with other Association regulatory criteria for the definition of “major” or “minor” construction. Dolan-King appeals, contending that the trial court erred in directing a partial verdict on the validity of certain land use regulations enforced by the Association, and that the jury verdict resulting after the partial directed verdict is unsupported by the evidence or the law. She also contends that attorney fees should not have been awarded. (Civ. Code, § 1354, subd. (f).)

Our examination of the record leads us to conclude that the trial court was correct in finding the challenged Rancho Santa Fe Regulatory Code provisions (the regulatory code) are valid concerning the definition of the terms “major” and “minor” construction,…

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