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SHALIMAR ASS'N v. D.O.C. ENTERPRISES, LTD.

No. 1 CA-CIV 5330.

142 Ariz. 36 (1984)

688 P.2d 682

SHALIMAR ASSOCIATION, an Arizona non-profit membership corporation, et al., Plaintiffs-Appellees, v. D.O.C. ENTERPRISES, LTD., an Arizona corporation; Steven Otto and Maryleah Frances Otto, his wife; William H. Dockman and Vera Dockman, his wife; George Chicules and Gloria Chicules, his wife, Defendants-Appellants.

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

Reconsideration Denied May 8, 1984.

Review Denied September 18, 1984.

Attorney(s) appearing for the Case

Porter Kempton Tobler & Gwilliam by Bernald C. Porter, Tempe and Evans, Kitchel & Jenckes, P.C., Phoenix, for defendants-appellants.

Daughton Feinstein & Wilson by Allen L. Feinstein, R. Stewart Halstead, Phoenix, for plaintiffs-appellees.

OPINION

FROEB, Judge.

This case involves an attempt by the new owners of a golf course to develop the property for other purposes. No specific restriction as to the use of the land was ever placed of record with the county recorder. The surrounding homeowners brought this action to have the court declare and enforce against the new owners an implied restriction limiting the use of the property to a golf course. We hold that a covenant restricting the use of...

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