Second-floor addition stirs up lawsuit between neighbors

Will larger home unreasonably block view?

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John and Jaylene Zabrucky own a home in the exclusive Marquez Knolls area of Pacific Palisades, Calif. Their home is adjacent to one owned by Lloyd McAdams and Heather Baines who plan to construct an addition to their residence. But the Zabruckys object because the addition will partially block their unobstructed view. They point to Paragraph 11 of the homeowner association CC&Rs (covenants, conditions and restrictions). Purchase Bob Bruss reports online. This provision says: "No tree, shrub or other landscaping shall be planted or any structures erected that may at present or in the future obstruct the view from any other lot." The Zabruckys sued their adjoining neighbors for declaratory and injunctive relief, alleging the proposed addition violates the neighborhood CC&Rs by partially obstructing their view. If you were the judge would you rule Paragraph 11 of the CC&Rs prohibits construction of the addition, which will partially obstruct the Zabruckys view? The ju...