Does Section A.1 of the California Building Code, which prohibits a home from being built more than one and one-and-a-half stories in height, render the document ambiguous as to what it means?

California, United States of America


The following excerpt is from Bell v. My Varna LLC, B281719 (Cal. App. 2017):

That Section A.1 refers to one and one-half stories in height, does not render the document so ambiguous as to be unenforceable as a matter of law. Indeed, this argument was rejected in King v. Kugler (1961) 197 Cal.App.2d 651, regarding a declaration prohibiting dwellings more than one story in height. The court found nothing ambiguous about the term "height" in this context and rejected the argument that the grantor should have inserted "a limit in feet and inches or other language from which the intended maximum height could have been inferred exactly." (Id. at pp. 655-656.)

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