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GOODMAN v. SUPERIOR COURT OF STATE OF ARIZ.

No. 2 CA-CIV 4839.

137 Ariz. 347 (1983)

670 P.2d 746

Harvey GOODMAN; Steven Herron; Harriett Herron; Robert A. Marshall; Evelyn G. Marshall; and Harry der Boghosian, Petitioners, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF PIMA; and Commissioner Lawrence K. Bret Harte, Pima County Court Commissioner; and Tucson Memorial Park, Inc., an Arizona corporation; and Cienega, Ltd., an Arizona corporation, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

September 9, 1983.

Attorney(s) appearing for the Case

Johnston & Grynkewich by Gary S. Grynkewich, Tucson, for petitioners.

Waterfall, Economidis, Caldwell & Hanshaw, P.C. by John N. Iurino, Tucson, for real parties in interest.

OPINION

HATHAWAY, Judge.

Petitioners are the defendants in a pending declaratory judgment action filed by the real parties in interest seeking a judicial declaration that a covenant as to certain real property, executed by Tucson Memorial Park as covenantor, was not enforceable as to the subject real property. The purpose of the lawsuit was to permit residential development of a portion of the property since plaintiff Cienega Corporation had entered into an...

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