Riste v. Eastern Washington Bible Camp Inc. case brief

Riste v. Eastern Washington Bible Camp Inc., Court of Appeals of Washington, 1980

1. D (Bible Camp) issued deed to the P with (disabling restraint) restriction on occupancy and resale, property was to be sold only to people who accepted the tenants of the Assembly of God religion and property was not to be sold without permission from the church. P later attempted to sell property contrary to restrictions and asked for declaration that restrictions were invalid.
2. Holding – Public policy ground that this disabling restraint on a fee is void as repugnant to the nature of an estate in fee, court throws out both restrictions and P can do whatever he wants
3. Exception: reasonable restraint are justified by legitimate interests such as DUE ON SALE clauses in real estate mortgage
4. Can not sell property until pay off whole mortgage
5. Not equitable estoppel because P acquired property with knowledge that there were restrictions