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TUCSON-NORTH TOWN HOME, ETC. v. ROBB

No. 2 CA-CIV 3132.

123 Ariz. 4 (1979)

596 P.2d 1176

TUCSON-NORTH TOWN HOME APARTMENTS HOMEOWNERS' ASSOCIATION, Plaintiff-Appellee, v. Jimmi ROBB (Unit #18), Stan Hansen and Rayleen Hansen, his wife (Unit #15), Defendants-Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 23, 1979.

Review Denied June 26, 1979.

Attorney(s) appearing for the Case

Steven N. Bogard, Tucson, for plaintiff-appellee.

Russo, Cox, Dickerson, Cartin & Sylvester, P.C. by J. Patrick Butler, Tucson, for defendants-appellants.

OPINION

HOWARD, Judge.

Appellee (the Association) sued appellants to enforce the covenants and restrictions pertaining to a condominium apartment project. The dispute involved appellants' installation of evaporative coolers in the windows of their apartments. The trial court, after making findings of fact and conclusions of law, ordered appellants to remove the coolers.

This case has been submitted to us on an agreed statement of facts in lieu of a...

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