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BARRETT v. LIPSCOMB

Docket No. C000212.

194 Cal.App.3d 1524 (1987)

240 Cal. Rptr. 336

JEROME K. BARRETT et al., Plaintiffs and Appellants, v. RALPH LIPSCOMB et al., Defendants and Respondents; JUNE ABTS, Real Party in Interest and Respondent; J. EDWARD GREENLEE, Intervener and Appellant.

Court of Appeals of California, Third District.

September 24, 1987.

Attorney(s) appearing for the Case

COUNSEL

Barr, Newlan & Sinclair, Steven P. Hale and Lauren E. Leisz for Plaintiffs and Appellants and for Intervener and Appellant.

Brislain, Zink & Lenzi and Albert J. Lenzi, Jr., for Defendants and Respondents and for Real Party in Interest and Respondent.

OPINION

CARR, J.

In this appeal we consider whether a restrictive covenant initially recorded in 1964 and which limits the use of each lot in a subdivision to one single family dwelling has continued viability after the enactment in 1978 of Health and Safety Code section 1566.5.1 The order at issue in this appeal is one modifying a permanent injunction to allow defendants Ralph and Bessie Lipscomb (the...

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