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BURKE v. VOICESTREAM WIRELESS CORP. II

No. 1 CA-CV 02-0031.

87 P.3d 81 (2004)

207 Ariz. 393

James F. BURKE and Margaret A. Burke, husband and wife, Plaintiffs-Appellants Cross Appellees, v. VOICESTREAM WIRELESS CORPORATION II, a Washington corporation; Voicestream PCS III, a Delaware corporation; Scottsdale Worship Center, Defendants-Appellees, Cross Appellants.

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

March 30, 2004.

Attorney(s) appearing for the Case

Cheifetz & Iannitelli, P.C. By Claudio E. Iannitelli, Antonino Abate, Phoenix, Attorneys for Appellants/Cross Appellees.

Snell & Wilmer, L.L.P. By David E. Rauch, Martha E. Gibbs, Phoenix, Attorneys for Appellee/Cross Appellant Voicestream.

Simbro White & Barfield, P.C. By Stephen B. White, Scottsdale, Attorneys for Appellee/Cross Appellant Scottsdale Worship Center.

OPINION

GEMMILL, Judge.

¶ 1 The trial court ruled that the deed restrictions for a residential subdivision did not prohibit the construction and continuing presence of a cellular telephone signal transmission tower on church premises within the subdivision. We reverse. The deed restrictions apply to the tower and are enforceable by appellants James F. and Margaret A. Burke.

BACKGROUND

¶ 2 In 1992, the Burkes purchased the home...

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