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LA ESPERANZA TOWNHOME v. TITLE SEC. AGENCY

No. 2 CA-CIV 5001.

142 Ariz. 235 (1984)

689 P.2d 178

LA ESPERANZA TOWNHOME ASSOCIATION, INC., an Arizona Non-Profit Corporation, Plaintiff/Appellant, v. TITLE SECURITY AGENCY OF ARIZONA, as Trustee Under Trust T-285, and Lyman E. Ostlund, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied October 10, 1984.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by Steven Weatherspoon, Tucson, for plaintiff/appellant.

Slutes, Sakrison, Grant & Pelander, P.C. by Tom Slutes, Tucson, for defendants/appellees.

OPINION

HOWARD, Judge.

This action relates to a subdivided townhome development in Tucson and the effect of a revision to the original subdivision plot and amendment to the declaration of covenants, conditions and restrictions.

In 1973 Tom Kennedy and his wife purchased from Ted Bloodworth some land in Tucson which had frontage on East Broadway, a main east-west traffic artery. The Kennedys subdivided the land into townhouse lots and recorded a Declaration...

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