SAGUARO HIGHLANDS COMMUNITY ASS'N v. BILTIS

No. 1 CA-CV 09-0261.

229 P.3d 1036 (2010)

SAGUARO HIGHLANDS COMMUNITY ASSOCIATION, an Arizona non-profit corporation, Plaintiff/Appellee, v. Jack C. BILTIS and Leigh Biltis, husband and wife, Defendants/Appellants.

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

May 6, 2010.


Attorney(s) appearing for the Case

Carpenter, Hazlewood, Delgado & Wood, P.L.C. by Maura A. Abernethy and Mark A. Holmgren, Tempe, Attorneys for Plaintiff/Appellee.

Kutak Rock L.L.P. by Douglas H. Allsworth and Jennifer L. Kraham, Scottsdale, Attorneys for Defendants/Appellants.


OPINION

BROWN, Judge.

¶ 1 Jack and Leigh Biltis ("Appellants") appeal from the superior court's denial of their motion to compel arbitration. For the following reasons, we affirm.

BACKGROUND

¶ 2 Appellants' home is located in the community of Saguaro Highlands. Appellants installed a swing set in the backyard of their lot allegedly in violation of the Declaration of Covenants, Conditions and Restrictions ("CC & Rs") because...

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