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TUCSON ESTATES RESIDENTS ASS'N v. MOBILIFE CORP.

No. 2 CA-CIV 1943.

26 Ariz. App. 83 (1976)

546 P.2d 352

TUCSON ESTATES RESIDENTS ASSOCIATION, a nonprofit Arizona Corporation, Warren Curtis Yates, Jr., and Lois H. Yates, husband and wife, Albert W. Servold and Shirley Servold, husband and wife, M.J. Woodruff, William J. Bradley, Mrs. Roy D. Much, Byron L. Howard, Timothy A. Leahy, Robert G. Taylor, Erma F. Leach, Gary Beney, Marilee Michaels, Anita M. Schlecht, Mrs. Loran C. Jay, Joseph E. Farmer, Robert R. Hunt, Mrs. Ruby Case, Donald J. LaFramboise, Clarice E. McFaddin, J. Ross Fountain, James M. Howe, Jessy L. Gunter, Axel Gustafson, G.L. Wakefield, Marvin O. Williams, on behalf of themselves and all others similarly situated, Appellants, v. MOBILIFE CORPORATION, a Michigan Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 30, 1976.

Attorney(s) appearing for the Case

Risner, Wolf & Raven by William J. Risner, Tucson, for appellants.

Billy, Thompson, Shoenhair & Warnock, P.C. by Marvin S. Cohen, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

Tucson Estates is a mobile home subdivision in Pima County. The individual appellees are lot owners in the subdivision. As various units in the area were subdivided, declarations of restrictions were recorded prior to the sale of any lots. Typical is the following provision which deals with lots 1 through 193:

"The area now or hereafter designated on the plat of said subdivision...

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