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DUFFY v. SUNBURST FARMS EAST MUT. WATER

No. 1 CA-CIV 4345.

124 Ariz. 425 (1979)

604 P.2d 1136

David P. and Josephine DUFFY, Pat and Mary McGee, William and Wanda Mir, Plaintiffs/Counter-Defendants-Appellants, v. SUNBURST FARMS EAST MUTUAL WATER & AGRICULTURAL COMPANY, INC., an Arizona corporation, Defendant/Counter-Claimant-Appellee.

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

Rehearing Denied March 20, 1979.

Attorney(s) appearing for the Case

Derickson, Kemper & Henze by James Hamilton Kemper, Phoenix, for plaintiffs/counter-defendants-appellants.

Christopher D.C. Hossack, Tempe, for defendant/counter-claimant-appellee.

OGG, Chief Judge.

In this appeal we must determine if the appellants/plaintiffs homeowners are legally released from certain restrictive covenants requiring the payment of fixed water assessments to the appellee/defendant Sunburst Farms East Mutual Water & Agricultural Company, Inc. The three sets of appellant homeowners each own land in three subdivisions of Sunburst Farms East (No. 3, No. 4 and No. 7). The issues presented as to each subdivision and each set...

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