Prof. Calandrillo Wins His Case
Today the Washington Supreme Court published their opinion in a case argued by UW Prof. Calandrillo, whom some of us will have for Contracts this coming year. The case is a neat one about the enforceability of a restrictive covenant in place in one Shoreline neighborhood.
The sixty-year old covenant had two sections: 1) establishing a maximum home density of one house per half acre, and 2) forbidding any non-whites from owning or inhabiting the property. Calandrillo argued pro bono in support of protecting the first purpose (nobody spoke in favor of the second purpose which was made unenforceable by statute forty years ago). He lost at district and appellate court but he won a 9-0 from the supreme.
The Supreme Court ruling was based on many factors, of course, but it was telling that Viking didn’t win any of their points, claimed no injury, and indeed seemed to be litigating as a matter establishing greater freedom for their land.
Also worth noting is the amicus brief by Professor Emeritus Stoebuck. We won’t run into him much our first year, I think, but he is the acknowledged (and quoted) expert on property rights in Washington.
The decision can be read at:
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=752401MAJ
For the exceptionally curious, read Justice Sanders’s concurrence as well:
http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=752401CO1
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