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HSL LINDA GARDENS PROP. LTD. v. SEYMOUR

2 CA-CV 88-0365.

163 Ariz. 396 (1990)

788 P.2d 129

HSL LINDA GARDENS PROPERTIES, LTD., a limited partnership, Plaintiff/Appellant, v. Monte SEYMOUR, a married man in his sole and separate right; Monte Seymour and Thelma Seymour, husband and wife; and Monte Seymour and Thelma Seymour, as Trustees for Estelle Seymour, Defendants/Appellees.

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

February 15, 1990.

Attorney(s) appearing for the Case

Carl D. MacPherson, Tucson, for plaintiff/appellant.

O'Dowd, Burke & Lundquist, P.C. by Robert E. Lundquist, Tucson, for defendants/appellees.

OPINION

LACAGNINA, Judge.

HSL Linda Gardens Properties, Ltd. (HSL) appeals from a declaratory judgment giving Monte Seymour a right of first refusal on any sale of HSL's undivided one-half interest in jointly-owned property. We affirm because Seymour's right of first refusal is a covenant running with the land which binds HSL.

Seymour's right of first refusal arises from a provision contained in his contract

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