COLUMBIA GROUP, INC. v. HOMEOWNERS ASS'N

No. 2 CA-CIV 5612.

151 Ariz. 299 (1986)

727 P.2d 352

The COLUMBIA GROUP, INC., an Arizona corporation; Columbia Building Materials, Inc., an Arizona corporation; Columbia Sand & Gravel Company, Inc., an Arizona corporation, Plaintiffs/Appellants, v. HOMEOWNERS ASSOCIATION OF FINISTERRA, INC., an Arizona corporation; Commonwealth Land Title Agency of Tucson, Inc., an Arizona corporation as Trustee Under Trust No. 10,005 and Trust No. 10,006 a.k.a. Fidelity National Title Agency, Inc., an Arizona corporation; D.F. Fraker Design & Building Corporation, an Arizona corporation; Darion Development, an Arizona business association; Catalina Concrete Contracting Company, Inc., an Arizona corporation; Coldwell Banker and Company, an Arizona corporation; Alstem Holdings, Ltd., a Canadian corporation; Rocklin Management, Ltd., a Canadian corporation; Patricia Investments, Ltd., a Canadian corporation; Stewart Block and Brick Company, Inc., an Arizona corporation; Margaret Elaine Stewart as Vice President of Stewart Block and Brick Company, Inc.; Catalina Masonry, Inc., an Arizona corporation; Danco, Inc., an Arizona corporation; Fireman's Fund Insurance Company, a foreign corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied June 10, 1986.

Review Denied October 15, 1986.


Attorney(s) appearing for the Case

Freeman & Mance, P.C. by Michael B. Mance, Tucson, for plaintiffs/appellants.

Schorr, Eldridge & Bangs, P.C. by Franklin O. Eldridge, and Leonard, Felker & Parrish, P.C. by Clifford B. Altfeld, Tucson, for defendants/appellees.


OPINION

FERNANDEZ, Judge.

Appellants Columbia Group, Inc., and two of its subsidiaries, Columbia Building Materials, Inc., and Columbia Sand & Gravel Co., Inc. (hereafter "Columbia"), sought foreclosure of a materialman's lien, and damages for breach of contract and unjust enrichment against numerous defendants. The action was tried to the court with an advisory jury. At the conclusion of the evidence, the court...

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