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ARIZONA BILTMORE ESTATES ASS'N v. TEZAK

No. 1 CA-CV 92-0188.

177 Ariz. 447 (1993)

868 P.2d 1030

ARIZONA BILTMORE ESTATES ASSOCIATION, a non-profit Arizona corporation, Plaintiff-Appellant, v. Robert and Nancy TEZAK, husband and wife, Defendants-Appellees.

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

As Corrected November 19, 1993.

Reconsideration Denied February 14, 1994.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A., by Donald E. Dyekman, Christopher Robbins, Phoenix, for plaintiff-appellant.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Michael P. West and Donna M. Somsky, Phoenix, for defendants-appellees.

OPINION

CONTRERAS, Judge.

Plaintiff-Appellant Arizona Biltmore Estates Association ("Association") appeals from a cross-motion for summary judgment granted in favor of Defendants-Appellees Robert and Nancy Tezak ("Tezak"), denying the Association's request for an injunction prohibiting the Tezaks from parking a large customized bus on their residential property. The dispositive issue presented is whether this customized...

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