Sanctuary Retreat Properties, LLC v. Shekhter CA4/
Frederick Howe lives next to Gary and Jean Shekhter in Rancho Santa Fe. The Shekhters installed solar array panels on their property within 100 feet of Howe's property. About four or five years later, Howe sued the Shekhters seeking declaratory relief and an injunction ordering the Shekhters to remove or relocate the solar panels. Howe relied on a 1990 written agreement (Agreement) between the predecessor owners prohibiting a "building structure or improvement" within 100 feet of the boundary line. In response, the Shekhters agreed they were bound by the Agreement, but argued the Agreement's setback rule did not apply to the solar panels. The Shekhters also raised statutory and equitable defenses.
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