No. 1 CA-CIV 3738.

122 Ariz. 284 (1979)

594 P.2d 538

George A. HUEG, Lucille Hueg, Thomas Daniel McGowan, Betty J. McGowan, Richard R. Hand, LaRose K. Hand, Mary Bango, Phillip Wilson, Kathy R. Wilson, Peter Hayenga, Joann Hayenga, Billy Jo Hancock, Debbie Hancock, Herrmann Klopping, Peggy Klopping, Henry G. Sundermier, Evelyn Sundermier, Appellants, v. SUNBURST FARMS (GLENDALE) MUTUAL WATER AND AGRICULTURAL COMPANY, an Arizona Corporation, Mutual Management Services, Inc., an Arizona Corporation, Appellees.

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

Rehearing Denied April 18, 1979.

Review Denied May 8, 1979.

Attorney(s) appearing for the Case

Derickson, Kemper & Henze by James Hamilton Kemper, Phoenix, for appellants.

Jerold Kaplan, Phoenix, for appellees.



Appellants who were plaintiffs below brought a declaratory judgment against appellee Sunburst Farms (Glendale) Mutual Water and Agricultural Company, a corporation, and Mutual Management Services, Inc., a corporation,1 seeking to have Article III,2 which is incorporated into each of two identical instruments entitled, "Declaration of Covenants, Conditions and Restrictions,"...

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