DONAHOE v. MARSTON

No. 1 CA-CIV 2809.

26 Ariz. App. 187 (1976)

547 P.2d 39

Helen Clarke DONAHOE, Allen Parkinson, John Van Nortwick and Betty W. Van Nortwick, husband and wife, Leo F. Tierney and Genevieve P. Tierney, husband and wife, Milton L. Fisher and Jean F. Fisher, husband and wife, James Watt and Marie C. Watt, husband and wife, and Nicholas P. Dallis and Sara L. Dallis, husband and wife, Appellants, v. George V. MARSTON and Audrey B. Marston, husband and wife, George C. Wallach and Judith C. Wallach, husband and wife, Duncan H. Newell, Jr. and Phyllis Newell, husband and wife, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied April 22, 1976.

Review Denied May 25, 1976.


Attorney(s) appearing for the Case

Warner & Angle by Jerry L. Angle, J. Michael Donahoe, Phoenix, for appellants.

Browder & Gillenwater, P.C. by Robert W. Browder, Phoenix, for appellees Marston & Newell.

Wentworth Wallach & Lundin, P.A. by George C. Wallach, Phoenix, in pro per for appellees Wallach.


OPINION

OGG, Judge.

This appeal concerns the validity of certain deed restrictions imposed on property owned by both plaintiffs/appellants and defendants/appellees.

In 1948 the original grantor of the 80 acre parcel of land in question executed a declaration of restrictions to apply to the entire parcel with the exception of the east 165 feet of the north one-half of the property. The restrictions provided, in part:

(1) No portion of the above...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases