Scarpitti v. Weborg

Scarpitti (plaintiff) bought a residential lot subject to a deed restriction requiring garages no larger than two-and-a-half cars and written plan approval from Weborg (defendant), the subdivision's authorized architect; after Weborg rejected Scarpitti's proposed three-car garage, Scarpitti complied and built within the restriction, only to later discover Weborg had approved three-car garages for other lot owners in the same subdivision. Scarpitti sued Weborg for damages from this arbitrary, inconsistent enforcement of the restrictions, arguing he was a third-party beneficiary of the implied contract between Weborg and the developer; the trial court dismissed the suit, but the superior court reversed and Weborg appealed.