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TIERRA RANCHOS HOMEOWNERS ASS'N v. KITCHUKOV

No. 1 CA-CV 06-0474.

165 P.3d 173 (2007)

TIERRA RANCHOS HOMEOWNERS ASSOCIATION, an Arizona corporation, Plaintiff/Counter-Defendant/Appellant, v. Todor KITCHUKOV and Mariana Kitchukov, husband and wife, Defendants/Counter-Claimants/ Appellees.

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

August 9, 2007.

Attorney(s) appearing for the Case

James E. Brown, P.C. By James E. Brown, Phoenix, Co-Counsel for Plaintiff/Counter-Defendant/Appellant.

Paul G. Ulrich, P.C. By Paul G. Ulrich, Pamela B. Petersen, Phoenix, Co-Counsel for Plaintiff/Counter-Defendant/Appellant.

Udall, Shumway & Lyons, P.L.C. By Roger C. Decker, Bret A. Maidman, Mesa, Attorneys for Defendants/Counter-Claimants/Appellees.

OPINION

HALL, Judge.

¶ 1 Tierra Ranchos Homeowners Association appeals from the trial court's summary judgment in favor of Todor and Mariana Kitchukov (the Kitchukovs). The trial court concluded that Tierra Ranchos acted unreasonably in refusing to approve the location of a detached garage built by the Kitchukovs. For the following reasons, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 This...

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