NICKERSON v. GREEN VALLEY RECREATION, INC.

No. 2 CA-CV 2010-0197.

265 P.3d 1108 (2011)

William G. NICKERSON and Regina J. Nickerson, husband and wife; Larry W. Aho and Patricia Thompson, husband and wife; Lorraine Alves, Trustee of the Alves Revocable Trust; Andrew G. Anderson and Leiann Anderson, husband and wife; Kent Jay Anderson and Trinidad Anderson, husband and wife; Sandra G. Barrett, a single woman; Dolores M. Beard and O.A. Beard, Trustees of the Beard Revocable Trust; David P. Bell and Helen R. Bell, husband and wife; Sharon M. Berg, a single woman; Donald Bjorkman and Pamela Bjorkman, husband and wife; Jack L. Blackstone and Norma Jean Blackstone, husband and wife; Gisela Branson Revocable Living Trust; Philip G. Brennan, a single man; Mary C. Brown, a single woman; Patricia Ann Byers, a single woman; Gerald Callis and M. Bunny Callis, husband and wife; Frank Carella and Edna Carella, husband and wife; Larry Cederholm, a single man; Phyllis A. Conley, a single woman; Thomas Cooke, a single man; Pamela A. Wise Currier, also known as Pamela A. Wise, solely and separately; Howard V. Danielson and Gloria M. Danielson, husband and wife; Jerry A. Doughty and Eva L. Doughty, husband and wife; Carolyn B. Eddington, a single woman; Sally A. Elliott and Charles F. Elliott, husband and wife; Robert A. Fallon and Helen L. Fallon, husband and wife; Sandra Frances, a single woman; Helen F. Gawrilow, Trustee of the Gawrilow Living Trust; Richard H. Goheen and Frankie E. Goheen; Wayne C. Granger and Winifred M. Granger Revocable Living Trust; Robert Gregory and Beverly Gregory, husband and wife; John H. Guldan, a married man in his individual capacity; Paul B. Hamm and Jane M. Hamm, husband and wife; Diane J. Handlon, a single woman; Katherina Harder, a single woman; Harvey E. Hastrup, a single man; Ronald W. Hawkins and Roberta J. Hawkins, Trustees of the Hawkins Living Trust; David D. Haynes and Alice Garn Haynes, husband and wife; Michael Jenson and Jacqueline Jensen, husband and wife; Eugene H. Keene and Alice L. Keene, husband and wife; Jane D. Killilea, a single woman; Kenneth Kime and Betty Kime, husband and wife; Albert W. Kroska and Marjorie A. Kroska, husband and wife; Barbara Lemay, a single woman; Albert D. Lepage and Sally Lepage, husband and wife; Patricia A. Ledford, a single woman; John A. Lietzke and Florice K. Lietzke, husband and wife; Justin Loveless and Carrel Eileen Loveless, husband and wife; Catherine M. Manley Revocable Trust; Fredrick W. Marine and Gloria M. Marine, husband and wife; Curtis E. Martin and Maryanne Martin, husband and wife; Ron Martinesi, a single man; Joseph McMahon and Christine McMahon, husband and wife; John B. Milland, a single man; Alan D. Mills and Carol E. Mills, husband and wife; Richard M. Oltman and Patricia E. Oltman, husband and wife; Hansi R. Patience, a single woman and her daughter Pamela P. McGonigal; Susan A. Pickrell, a single woman; Charles K. Poe, a single man; Mary F. Riina, a single woman; Gregory D. Schoenberg, a married man in his individual capacity; Peter W. Schuler and Suzanne G. Schuler, husband and wife; Eleanor G. Snyder, a single woman; Larry H. Stanford and Josy Stanford, husband and wife; Frank I. Supan and Connie L. Supan, husband and wife; Esperanza Walker, a single woman; Thomas J. Wasil, a single man; Charles Wheelock, a married man in his individual capacity; Mary L. Williams, a single woman; Sandra Zarlengo-Albers, a single woman; Leo A. Zehrer and Mary V. Zehrer, husband and wife; John Beers and Dorothy Beers, husband and wife; Roy Bevers; Marilyn Gibbs and Ivan Gibbs; John Hovey and Karen Hovey; Greg Nelson, Steve Raney, Robert Sartain; Carol Wilson and Robert Wilson, husband and wife; Helen Storm, a single woman; and Darryl L. Simmons and Kathleen M. Simmons, husband and wife, Plaintiffs/Appellants/Cross-Appellees, v. GREEN VALLEY RECREATION, INC., an Arizona corporation, Defendant/Appellee/ Cross-Appellant.

Court of Appeals of Arizona, Division 2, Department B.

November 30, 2011.


Attorney(s) appearing for the Case

Law Office of Brian Laird, PLLC By Brian A. Laird , Tucson, and Weeks Law Firm, PLLC By Stephen M. Weeks , Tucson, Attorneys for Plaintiffs/Appellants/Cross-Appellees.

The Shiaras Law Firm, PC By Robert Mackenzie , Scottsdale, Attorneys for Defendant/Appellee/Cross-Appellant.

John E. Droeger , Green Valley, In Propria Persona Amicus Curiae.


OPINION

ESPINOSA, Judge.

¶ 1 This appeal presents a novel issue in Arizona involving the enforceability of real covenants requiring membership in a recreational association. Plaintiffs/appellants/cross-appellees, homeowners in the town of Green Valley, challenge the trial court's entry of summary judgment in favor of defendant/appellee/cross-appellant Green Valley Recreation, Inc. (GVR) in the plaintiffs' action seeking to quiet title, declaratory...

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