This section contains the nature of the case and procedural background.

Lot 101 was conveyed to Riley (P) by Alpine Slopes Development Company. The deed recorded contained no restrictions. Nine months after that conveyance, the grantor recorded a Declaration of Covenants, Conditions, Restrictions, and Reservations on lots 72 to 116 of Alpine Meadows Estates Unit No.3. The issue with P was paragraph number 6 in that P constructed a snow tunnel on their lot. The Committee (D) recorded a notice of the violation of the Declaration. P filed a complaint to quiet title, for damages for slander of title, and D cross-complained for declaratory relief. The trial court ruled that extrinsic evidence was not admissible to show the intent of transfer to P and D appealed.

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