COLLEGE BOOK CTRS. v. CAREFREE FOOTHILLS

No. 1 CA-CV 08-0450.

241 P.3d 897 (2010)

COLLEGE BOOK CENTERS, INC., 401 Profit Sharing Plan and Trustee, a Trust dated October 14, 1994 with Trustee David B. Vanyo, Plaintiffs/Appellees, v. CAREFREE FOOTHILLS HOMEOWNERS' ASSOCIATION; John P. Dwyer, Jr., and Janet G. Dwyer, husband and wife, Defendants/Appellants.

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

October 26, 2010.


Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A. By Jeffrey D. Gross , Phoenix, Attorneys for Plaintiffs/Appellees.

Meagher & Geer, P.L.L.P. By Thomas H. Crouch and Kevin T. Minchey , Scottsdale, Attorneys for Defendants/Appellants.


OPINION

BROWN, Judge.

¶ 1 Defendant Carefree Foothills Homeowners' Association (the "HOA") appeals a jury verdict in favor of plaintiff David Vanyo, as trustee for College Book Centers, Inc., 401 Profit Sharing Plan ("Vanyo"). The HOA argues that the trial court erred in denying its motions for judgment as a matter of law ("JMOL") as to all three of Vanyo's claims: (1) whether the HOA waived a provision of the Declaration of Covenants, Conditions, and...

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