Sidney Lushing v. Riviera Estates Ass'n

SHINN, P. J.

The judgment from which defendant appeals declares that plaintiffs may construct a dwelling house on a parcel of land in “The Riviera,” a residential tract lying northeasterly of Santa Monica. The subdivision consists of 79 lots and is highly restricted by declaration duly recorded in 1924, when the property was placed upon the market. Defendant has authority, under the restrictions, to approve or disapprove plans and specifications of a proposed building or other structure on a “building site.” Plaintiffs submitted plans and specifications of a dwelling which defendant refused to pass upon or consider, basing its refusal upon an interpretation of the restrictions which would forbid the construction of any building upon plaintiffs’ land. This interpretation was rejected by the court.

Plaintiffs’ parcel is a part of Lot 59 which was purchased from a Mr. De Witt for $25,000. It has a frontage on Sorrento Place of 132.41 feet, a depth on the northeasterly side of 75.05 feet and upon the southwesterly side of 116.14 feet.

In rejecting plaintiffs’ request for approval of their plans defendant answered in writing that the “proposed division of Lot 59 is not specifically authorized by the deed restrictions and is in violation of the spirit and intent of the deed re

[689]

strictions. ’ ’ What defendant had decided, and was attempting to say, was that plaintiffs’ lot was not a “building site” within the purview of the restrictions. A mere reading of the restrictions reveals the error of this interpretation.

Pertinent provisions of the restrictions are the following; Plans and specifications, and when requested, grading plans, must be submitted to and have approval of defendant. “Clause No. 8—Free Spaces. No more than one dwelling-house shall be built upon any one building site without the written permission of The Riviera Corporation or, with its authority, The Riviera Estates Association. The building site shall be either a lot as shown on said map, or a parcel composed as follows; (a) of a portion of any lot, other than a corner lot, provided that such parcel shall have a frontage of not less than one hundred (100) feet; or (b) of portions of any two or more contiguous lots other than corner lots, provided that such parcel shall have a frontage of not less than one hundred (100) feet; or (c) of any two or more contiguous lots, or of any lot or contiguous lots and a portion of, or portions of, any lot or lots other than a corner lot and contiguous to said lot or lots.”