No. 6659.

87 Ariz. 400 (1960)

351 P.2d 1104

Clarence J. SMITH and Thelma B. Smith, his wife, Rodman K. Palmer and Mary G. Palmer, his wife, Julius Harr and Pearl Elaine Harr, his wife, Otto Schmieder and Ruby M. Schmieder, his wife, Morton S. Kleinberg and Maxine Ruth Kleinberg, his wife, Sol Tropp and Isabel R. Tropp. his wife, Edgar Pound and Garnett Pound, his wife, John Welsh, Jr., and Ann M. Welsh, his wife, Alfred Andersen and Vera M. Andersen, his wife, William Price, W.D. Manor, and Victoria Manor, his wife, Charles L. Segersten and Helen B. Segersten, his wife, Frank J. Schmidt, Jr., and Florence H. Schmidt, his wife, Appellants, v. SECOND CHURCH OF CHRIST, SCIENTIST, PHOENIX, ARIZONA. a nonprofit corporation, Appellee.

Supreme Court of Arizona.

Rehearing Denied June 28, 1960.

Attorney(s) appearing for the Case

Marks & Marks, Phoenix, for appellants.

Cunningham, Carson & Messinger and William H. Rehnquist, Phoenix, for appellee.


Plaintiff-appellee Second Church of Christ, Scientist, Phoenix, Arizona (hereinafter called the "appellee") commenced this action for a declaratory judgment against the other owners of property in Block 2, Orangewood, to determine whether the land owned by it in lot 10 thereof is encumbered by restrictive covenants which prevent the building of a church. The court below entered summary judgment in favor...

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