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POWELL v. WASHBURN

No. CV-05-0186-PR.

125 P.3d 373 (2006)

211 Ariz. 553

Edward POWELL and Bonnie Powell; Arthur Anderson and Edith Anderson; Gerald Breeyear and Judith Breeyear; Richard Brehm and Lucrecia Brehm; Clifford G. Brekhus and Lavonne Brekhus; Jesse Bryan and Elizabeth Bryan; Harry Grape; Scotty Griffin; Eddie D. Haynes; James Holmberg and Carolyn Holmberg; John Hong and Suzanne Hong; David Jewell and Kathleen Jewell; Robert Kembel and Joanne Kembel; Eldon McDaniel; Charles Schilder and Allene Schilder; Ronald Skites and Marjorie A. Skites; Howard Smith and Marjorie Smith; Larry Sullivan and Beverly Sullivan, Plaintiffs-Appellees, v. Thomas WASHBURN, individually, and in his capacity as President of K.R.C. Company, an Arizona corporation, and Rose Washburn, his wife; K.R.C. Company, an Arizona corporation; Robert M. Bumgardner and Teri Bumgardner, husband and wife; Earnest and Vera Wright, husband and wife; John and Jean Neville, husband and wife; Forrest and Jan Phillips, husband and wife; Neal Fivecoat, an unmarried man, Defendants-Appellants.

Supreme Court of Arizona. En Banc.

January 5, 2006.

Attorney(s) appearing for the Case

Law Offices of John Churchill by John Churchill, Parker and Law Offices of John A. Shannon, Jr. by John A. Shannon, Jr., Parker, Attorneys for Powell et al.

Law Offices of Robert D. McCoy by Robert D. McCoy, Wickenburg, Attorney for Washburn and K.R.C. Company.

Law Offices of Keith S. Knochel, P.C. by Keith S. Knochel, Bullhead City, Attorney for Wright, Neville, Phillips and Fivecoat.

Law Offices of Toby Zimbalist by Toby Zimbalist, Phoenix, Attorney for Amicus Curiae National Institute of Community Management.

OPINION

RYAN, Justice.

¶ 1 This case requires us to interpret real property restrictive covenants. One approach has been to construe such covenants narrowly, to favor the free use of land. We today adopt the approach of the Restatement (Third) of Property: Servitudes ("Restatement") and hold that restrictive covenants should be interpreted to give effect to the intention of the parties as determined from the language of the document in its entirety...

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