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SWAIN v. BIXBY VILLAGE GOLF COURSE INC

No. 1 CA-CV 18-0397.

450 P.3d 270 (2019)

Linda W. SWAIN, et al., Plaintiffs/Appellees, v. BIXBY VILLAGE GOLF COURSE INC, et al., Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

Filed September 19, 2019.

Attorney(s) appearing for the Case

Timothy H. Barnes PC, Phoenix, By Timothy H. Barnes , Counsel for Plaintiffs/Appellees/Counter-Defendants.

Maynard, Cronin, Erickson, Curran & Reiter PLC, Phoenix, By Daniel D. Maynard , Counsel for Defendants/Appellants.

Warner, Angle, Hallam, Jackson & Formanek PLC, Phoenix, By Chris R. Baniszewski Counsel for Defendant/Appellant/Counter-Claimant.

Presiding Judge Randall M. Howe delivered the opinion of the Court, in which Judge Jennifer M. Perkins and Judge David D. Weinzweig joined.

OPINION

¶1 TTLC Ahwatukee Lakes Investors, LLC ("TTLC") appeals a final judgment granting a permanent injunction enforcing a covenant requiring the operating of a golf course on particular property. TTLC contends, among other arguments, that because the covenant was restrictive rather than affirmative, it should be interpreted...

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