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HERITAGE HEIGHTS HOME OWNERS ASS'N v. ESSER

No. 1 CA-CIV 3218.

115 Ariz. 330 (1977)

565 P.2d 207

HERITAGE HEIGHTS HOME OWNERS ASSOCIATION, an Arizona Corporation, Appellant, v. Fred R. ESSER and Margaret J. Esser, his wife, Appellees.

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

May 24, 1977.

Attorney(s) appearing for the Case

Martori, Meyer, Hendricks & Victor, P.A., by Jones Osborn II, Phoenix, for appellant.

Fred R. Esser in pro per.

OPINION

HAIRE, Judge.

This case involves a dispute concerning the removal of a wooden "grapestake" fence constructed in violation of restrictions in a subdivision deed. The plaintiff Heritage Heights Home Owners Association brought suit to enforce the restriction. After a trial based on stipulations, the trial judge entered a judgment ordering the plaintiff Association to grant a five year variance for the offending fence within 30 days or he would dismiss...

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