Fong v. Hashimoto

The Fongs (plaintiffs) and Hashimotos (defendants) owned lots in the same 15-lot subdivision created by a single grantor; the Hashimotos' oceanfront lot carried a deed restriction limiting construction to one story, and only the two neighboring lots shared that same restriction, while a fourth similarly situated lot did not. When the Hashimotos began building a two-story home, the Fongs sued to enforce the height restriction; the trial court ruled for the Hashimotos, but the appellate court found a common subdivision scheme supporting the restriction as an equitable servitude, and the Hashimotos appealed and moved to dismiss.