HAWK v. PC VILLAGE ASS'N, INC.

No. 1 CA-CV 12-0362.

309 P.3d 918 (2013)

Robert R. HAWK and Cecilia J. Hawk, husband and wife, Plaintiffs/CounterDefendants/Appellees, v. PC VILLAGE ASSOCIATION, INC., an Arizona corporation, Defendant/CounterPlaintiff/Appellant.

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

September 3, 2013.


Attorney(s) appearing for the Case

Tevis Reich , Flagstaff, Attorney for Appellees.

Jones, Skelton & Hochuli, P.L.C. by J. Gary Linder , Lori L. Voepel , Jonathan Paul Barnes, Jr. , Phoenix, Attorneys for Appellant.

Mack, Watson & Stratman, P.L.C. by Richard V. Mack and Arizona Association of Realtors by Scott M. Drucker , General Counsel, K. Michelle Lind , Phoenix, Amicus Curiae.


OPINION

SWANN, Judge.

¶ 1 In 2009, the legislature passed A.R.S. § 33-441, which renders unenforceable any covenant, restriction or condition prohibiting the posting of "for sale" signs. We hold that the superior court properly applied the statute to invalidate a restriction recorded before 2009, and that the court's order did not violate the contract clauses of the United States or Arizona constitutions. We also affirm the court's award of attorney...

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