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robert kennedy bought a restaurant with a lake view the developer next door had promised the restaurantamp;#39;s original owner that he wouldnamp;#39;t build anything that blocked the view could kennedy make the developer keep that promise to see or not to see thatamp;#39;s the question in deep water brewing versus fairway resources robert alquist owned a restaurant overlooking a lake with a first floor lounge and a second floor dining room an apple orchard separated the restaurant from the lake jack johnson president and owner of key development corporation and david milne president of fairway resources wanted to turn the apple orchard into a housing development but needed a right-of-way from aoquist to access the property the parties entered a right-of-way agreement containing a restrictive covenant specifying that no houses would interfere with the restaurantamp;#39;s view of the lake from either floor the agreement also required that a homeowners association be established to p