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GFELLER v. SCOTTSDALE VISTA NORTH

No. 1 CA-CV 98-0010.

969 P.2d 658 (1998)

193 Ariz. 52

Patricia GFELLER and Richard Gfeller, husband and wife, Plaintiffs-Appellants, v. The SCOTTSDALE VISTA NORTH TOWNHOMES ASSOCIATION, an Arizona corporation, Defendant-Appellee.

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

November 17, 1998.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by James M. Ackerman and David B. Earl, Phoenix, Attorneys for Plaintiffs-Appellants.

Holloway Odegard & Sweeney, P.C. by Paul W. Holloway and K. Alan Holcomb, Phoenix, Attorneys for Defendant-Appellee.

OPINION

FIDEL, Judge.

¶ 1 Plaintiffs Richard and Patricia Gfeller appeal from the trial court's determination that defendant Scottsdale Vista North Townhomes Association has no affirmative duty to enforce applicable Covenants, Conditions, and Restrictions ("CC & Rs") to prevent a neighboring property owner from interfering with drainage of rainwater from the Gfellers' property.

¶ 2 We reverse the trial court's declaratory judgment in...

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