Johnson v. Mt. Baker Park Presbyterian Church

Citations

• 113 Wash. 458
• 194 P. 536
• 1920 Wash. LEXIS 869

Syllabus

<p>Frauds, Statute of (13) — Sale of Land — Oral Building Restrictions. Purchasers of lots in a residential section, with restrictions against building anything except detached residences, under an oral agreement that all other lots would be sold under the same restrictions, have no interest or easement in other lots thereafter sold without building restrictions, upon which to base an action to restrain the erection of a church; since the oral agreement would be void under the statute of frauds, and they must prevail, if at all, upon the principle of estoppel.</p> <p>Covenants (TO) — Construction and Operation — Use of Property —Building Restrictions. Where an addition was advertised, put on the market, and largely sold out under a general scheme of restricting all buildings to first class detached residences, a church society taking a lot without restrictions, but with full notice of the scheme, is estopped and will be enjoined from building a church on the premises purchased.</p> <p>Same. The original building scheme by which an addition was sold out with restrictions against building anything except first class detached residences, certain distances from the street, is not shown to have been materially violated by the fact that lots were sold without restrictions for the purpose of building a school house, a city fire station, a community store building and garage, and a community club house in which the lot owners owned one share; nor by the fact, owing to the peculiar shape of some of the lots, that there was deviation from the provision as to the distance from the street.</p> <p>Injunction (24) — Contracts—Breaches Which May Be Restrained. An injunction to prevent the violation of restriction covenants or agreements as to the nature, use or location of buildings in a residential section may be granted without showing that the violation of the restrictions will result in damage to the complaining lot owners”.</p> <p>Covenants (10) — Use of Property — Buildings.