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FEDEROFF v. PIONEER TITLE & TRUST CO.

No. 2 CA-CV 89-0085.

165 Ariz. 249 (1990)

798 P.2d 387

Robert F. FEDEROFF and Katherine Federoff, husband and wife; Chris Davis, a single woman; Karen Knieriem; Sandra Sylvester; Lorne Graham Wilson and Barbara B. Wilson, husband and wife; Robert Miller; and Marcia Lincoln, Plaintiffs/Appellants/Cross-Appellees, v. PIONEER TITLE & TRUST COMPANY OF ARIZONA, an Arizona corporation, as Trustee under Trust No. 11612; H & R Associates, a limited partnership; Lowell E. Rothschild and Ann S. Rothschild, husband and wife; George T. Schultz and Linda K. Schultz, husband and wife; Wayne Terpstra and Tamara Terpstra, husband and wife; Larry Duane Casoni and Maryann Casoni, husband and wife; Joseph A. Buono and Angela T. Buono, husband and wife; Sergio Martinez and Irma Y. Martinez, husband and wife; Kerry R. Cox and Patricia Cox, husband and wife; Darryl D. Koeppel and Sandra J. Koeppel, husband and wife; Robert J. Casuli and Sandra J. Casuli, husband and wife; Glenn Griffith and Carol Griffith, husband and wife; Stanley Murray and Kathleen Murray, husband and wife; Gregory J. Bennett and Christine A. Bennett, husband and wife; Phillip M. Ramirez and Susan M. Ramirez, husband and wife; Tim Gordon and Jeanette Gordon, husband and wife; Ronald Ying Yee and Karen R. Lee Yee, husband and wife; William C. Stellbrink and Retha Barbara Stellbrink, husband and wife; Ernst Stellbrink and Opal Stellbrink, husband and wife; William J. Boxhorn and Linda S. Boxhorn, husband and wife; Marvin Kirk Simmons and Jacquelyn Marie Simmons, husband and wife; William Mooney; John Thomas Glaze and Linda Lee Glaze, husband and wife; Randall B. Terpstra and Pamela K. Terpstra, husband and wife; Dietrich G. Voigt and Florence L. Voigt, husband and wife; Jill S. Brooker; Paul J. Greco and Carol L. Greco, husband and wife; Stephen Dunn and Nancy Dunn, husband and wife; First American Savings and Loan; First American Title; First Gibraltar Mortgage; Pima Savings; Western Savings and Loan, Defendants/Appellees/Cross-Appellants, and The Wolfswinkel Group, Inc., an Arizona corporation, Intervenor/Appellee/Cross-Appellant.

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

Reconsideration Denied May 9, 1990.

Petition for Review Granted in Part and Denied in Part October 9, 1990.

Attorney(s) appearing for the Case

Stompoly & Stroud, P.C. by William G. Walker, Tucson, for plaintiffs/appellants/cross-appellees.

Mesch, Clark & Rothschild, P.C. by J. Emery Barker, Tucson, for defendants/appellees/cross-appellants Pioneer Title, H & R Associates & Rothschild.

Jones, Edwards, Smith & Kofron, P.C. by William W. Edwards, Tucson, for defendants/appellees/cross/appellants Schultz, Terpstra, Casoni, Buono, Martinez, Cox, Koeppel, Casuli, Griffith, Murray, Bennett, Ramirez, Gordon, Stellbrink, Boxhorn, Simmons, Mooney, Glaze, Voigt, Brooker, Greco, Dunn, Western Sav. & Loan, First American Savings, First American Title, First Gibraltar and Pima Sav.

Snell & Wilmer by Michael J. Rusing, Tucson, for defendants/appellees/cross-appellants Yee.

Stubbs & Schubart, P.C. by G. Lawrence Schubart, Tucson, for intervenor/appellee/cross-appellant The Wolfswinkel Group, Inc.

FERNANDEZ, Chief Judge.

Appellants seek to reverse the trial court's determination that one of eight restrictive covenants imposed on their land and the lands of the appellees is void and unenforceable. Appellees cross-appeal, contending that the trial court should have ruled that all the restrictions are unenforceable. We agree with appellees and reverse, finding that the covenants are unenforceable.

Appellants are the owners of property located near Ina...

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