MULTARI v. GRESS

No. 1 CA-CV 06-0221.

155 P.3d 1081 (2007)

Dominick and Lynn MULTARI, Husband and wife, Plaintiffs/Appellees/Cross-Appellants, v. Richard D. and Carmen GRESS, as trustees under agreement dated April Defendants/Appellants/Cross-Appellees.

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

April 24, 2007.


Attorney(s) appearing for the Case

Quarles & Brady Streich Lang LLP, by John Maston O'Neal, David E. Funkhouser III, Phoenix, Attorneys for Plaintiffs/Appellees/Cross-Appellants.

Mariscal, Weeks, McIntyre & Friedlander, P.A., by Timothy J. Thomason, Charles H. Oldham, Phoenix, Attorneys for Defendants/Appellants/Cross-Appellees.


OPINION

BARKER, Judge.

¶ 1 We address in this appeal whether a developer may utilize private deed restrictions on multiple lots in a residential subdivision to alter uniform covenants and restrictions otherwise applicable to those lots. Based on the language in the uniform covenants and restrictions at issue in this case, and for the reasons set forth below, we determine that the private deed restrictions here are invalid.

I.

¶...

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