Wimberly v. Caravello

136 Wash. App. 327
CourtCourt of Appeals of Washington
DecidedDecember 14, 2006
DocketNo. 24301-0-III
StatusPublished
Cited by22 cases

This text of 136 Wash. App. 327 (Wimberly v. Caravello) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wimberly v. Caravello, 136 Wash. App. 327 (Wash. Ct. App. 2006).

Opinion

¶1 This is an action to enjoin construction of a three-story garage based on a restrictive covenant. The court admitted testimony by the drafters of a covenant to explain the purpose of the covenant and the intended meaning of the terms “garage,” “simple,” and “well-proportioned.” Based on this testimony, the trial court granted an injunction despite the fact that the structure was substantially completed. Extrinsic evidence is admissible to add context and to explain the terms of written contracts, including residential real estate covenants. This was a proper exercise of the court’s authority in equity, and we affirm the decision to enjoin this project.

Sweeney, C.J.

[331]*331FACTS

¶2 Edward and Carol Wimberly and Larry Caravello own neighboring lots in Martin Creek, a housing subdivision on the west bank of Lake Roosevelt in Ferry County. Mr. Caravello obtained a county permit to build a 27-foot, 3x/2-inch high, multistory structure he described as a “garage with office above.” Clerk’s Papers (CP) at 756, 788-89. It had a bathroom but no kitchen. The actual structure was 30 feet taller than the adjacent houses.

¶3 The Martin Creek community is governed by a set of bylaws with restrictive covenants. The purpose of the covenants is to protect property values and views. By their own terms, the covenants are enforceable both “at law and in equity.” CP at 786. The Martin Creek Community Association (Association) is a nonprofit corporation with a governing board established to enforce the bylaws and covenants. But by the terms of the covenants, anyone owning or leasing land in the subdivision can prosecute a civil action to enforce the covenants and recover damages.

¶4 The Association Board (Board) did not object to Mr. Caravello’s garage. The Board did not review the project until the building was almost finished. It then decided that the structure was fine because the covenants do not specify a height limit. The Board formally decided to take no action. The Association already faced a multimillion-dollar lawsuit over the covenants and did not want another.

¶5 The disputed covenant reads:

[O]nly one and only single-family residences and outbuildings auxiliary thereto (such as garages, wood sheds and the like) may be constructed or permitted to remain on each single-family residential lot in the subdivision.
Buildings on residential lots shall be simple, well-proportioned structures.

CP at 787. The trial court agreed that Mr. Caravello’s multistory, mixed use building was not a simple and well-proportioned garage. Report of Proceedings (RP) (Jan. 16, 2004) at 28-29.

[332]*332¶6 The Wimberlys winter in Nevada. When a neighbor told Mr. Wimberly about the Caravello project, he immediately began complaining to the Board. The Wimberlys sued when the Board declined to act. When Mr. Caravello was served with notice of the lawsuit, he speeded up construction until the court issued a temporary injunction.

¶7 The Wimberlys moved for a permanent injunction. The court denied the motion. It concluded that the Wimberlys’ claims that Mr. Caravello had built a second residence, not a garage, and that the drafters of the covenants intended to ban such hybrid structures were disputed questions of fact. A bench trial followed. Construction experts testified. Michael and Ronald Matney were the authors of the original covenants. They also testified. And the trial judge personally visited the site.

¶8 The court found that the properties are subject to the covenants and that the covenants touch and concern the land. The court concluded that the restrictions are, therefore, enforceable equitable covenants. See Hollis v. Garwall, Inc., 137 Wn.2d 683, 691, 974 P.2d 836 (1999).

¶9 Ron Matney filed a declaration. It defined “garage” as “a single car garage or double car garage, perhaps, with an attic storage space, but with no other rooms that didn’t involve small storage.” CP at 242. He declared that a purpose of the restrictive covenants was “to prevent a crowded look to the area and to limit the size of structures so as to avoid the obstruction of views of the Columbia River.” CP at 242. The court concluded that the word “garage” as used in the covenant had its usual meaning of a one-story building for the shelter of vehicles and storage of household tools. The court also concluded that the words “simple” and “well-proportioned” also had their accepted usual meanings. The court found that Mr. Caravello’s office and recreation room were residential uses.

¶10 The court concluded, accordingly, that the structure violated the covenants and that the Wimberlys had a right to a permanent injunction. The court rejected the argument that Mr. Wimberly acquiesced in the violation. The court [333]*333concluded that Mr. Wimberly had acted with due diligence and objected appropriately. The court concluded that the Board acted improperly, although in good faith. And the court concluded that Mr. Caravello ceased to be an innocent party when he rushed to complete his project after receiving notice of the Wimberlys’ suit.

¶11 The court ordered Mr. Caravello to bring his building into compliance with the covenant restrictions. It determined this meant no more than a one and one-half-story, traditional garage.

DISCUSSION

Subject Matter Jurisdiction

¶12 Mr. Caravello first contends that the Board was an indispensable party to this action and that the Wimberlys’ failure to join the Association as a party deprived the court of jurisdiction over the subject matter of this dispute.

¶13 The Wimberlys respond that the Association is not a necessary party. And, even if it were, the Association’s absence does not affect the court’s jurisdiction. The Wimberlys argue that the Board was not a necessary party because it had no interest in the outcome of this action. The Board did not preapprove Mr. Caravello’s design and its individual members were not being sued. Accordingly, the court could and did afford the parties complete relief without the Board.

¶14 Subject matter jurisdiction is a question of law; and so our review is de novo. Ledgerwood v. Lansdowne, 120 Wn. App. 414, 419, 85 P.3d 950 (2004) (citing Crosby v. Spokane County, 137 Wn.2d 296, 301, 971 P.2d 32 (1999)). The superior court has original jurisdiction over all cases and proceedings in which jurisdiction has not been vested exclusively in some other court. Wash. Const, art. IV, § 6; Lansdowne, 120 Wn. App. at 419. Mr. Caravello does not contend that another court has jurisdiction over this dispute. His jurisdiction argument is solely that the Board was a necessary party.

[334]*334¶15 But the court’s jurisdiction does not turn on the presence or absence of a party. Lindberg v. Kitsap County, 133 Wn.2d 729, 744-45, 948 P.2d 805 (1997). Failure to join affects only the court’s authority over the absent party. Id.

¶16 We review the trial court’s decision that a party is indispensable for abuse of discretion. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
136 Wash. App. 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimberly-v-caravello-washctapp-2006.