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CATALINA FOOTHILLS ESTATES, INC. v. SHULL

No. 2 CA-CIV 3488.

126 Ariz. 484 (1980)

616 P.2d 944

CATALINA FOOTHILLS ESTATES, INC., an Arizona Corporation; Elizabeth Hyde Moore, a widow; and Catalina Foothills Association, Inc., an Arizona Nonprofit Corporation, Plaintiffs/Appellants, v. Dorothy B. SHULL, an unmarried woman, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 22, 1980.

Review Denied September 4, 1980.

Attorney(s) appearing for the Case

DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C. by Richard M. Yetwin, Tucson, for plaintiffs/appellants.

Slutes, Browning, Zlaket & Sakrison, P.C. by D. Thompson Slutes and A. John Pelander, Tucson, for defendant/appellee.

OPINION

HATHAWAY, Chief Judge.

This appeal challenges the trial court's determination that certain conditions and restrictions imposed on the lots in a residential subdivision terminated in accordance with the terms of the original declaration establishing those conditions and restrictions. We believe the trial court properly interpreted the original declaration and affirm.

In June 1930, a "Declaration of Establishment of Conditions and Restrictions...

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