Shea Homes v. UDR/Pacific
This is the second appeal between the parties arising from their ongoing dispute over the enforceability of a restrictive covenant. In Shea Homes Limited Partnership v. UDR/Pacific Los Alisos, LP (Jun. 29, 2006, G035827) [nonpub. opn.], Shea Homes Limited Partnership and Madrid LLC (appellants) appealed the dismissal of an action after the trial court struck their complaint under Code of Civil Procedure section 425.16 as a strategic lawsuit against public participation (anti-SLAPP; all further statutory references are to this code). That action involved appellants effort to prohibit UDR/Pacific Los Alisos LP and United Dominion Realty Trust, Inc. (respondents) from processing land use applications to permit construction of a residential development on a parcel appellants claim is subject to a restrictive covenant limiting its use to commercial purposes. We reversed. Acknowledging the parties concession that the causes of action arose from respondents exercise of their petitioning and free speech right, we held appellants had established a probability of prevailing on their claims.
After the trial court dismissed the prior action, respondents obtained the governmental approvals needed to proceed with residential development of the property and filed the present lawsuit challenging the continued enforceability of the restrictive covenant. Appellants cross-complained primarily seeking to prohibit respondents from demolishing the parcels existing improvements, building the proposed residential project, and recording a subdivision map. The trial court granted respondents anti-SLAPP motion and struck the cross-complaint. Since the cross-complaints causes of action do not arise from respondents exercise of their right of petition or free speech, Court reverse that ruling.
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