Petty v. Hill
Defendant appeals from a judgment of the trial court in favor of his neighbors, that requires Plaintiff to remove additions to the roof of his home. This is Plaintiff's second appeal in this matter. Appellant previously appealed from a judgment entered in favor of the Petty’s in which the trial court concluded that in remodeling his house, plaintiff violated an implied right against material view obstructions contained in a Declaration of Restrictions (CC&R's) that was created for and governed the nine-lot subdivision in which the appellants residences are located (Dillon Heights). In that appeal, this court reversed the judgment of the trial court, concluding that the trial court erred in interpreting the CC&R's to contain an implied right against material view obstructions. Because the trial court had not determined whether the Hill remodel violated express provisions of the CC&R's, as the Petty’s had claimed, court remanded the matter to the court for further proceedings.
In this appeal, judgment affirmed.
Comments on Petty v. Hill