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TUCSON ESTATES, INC. v. SUPERIOR COURT

No. 2 CA-SA 0386.

151 Ariz. 600 (1986)

729 P.2d 954

TUCSON ESTATES, INC., an Arizona corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and Hon. John G. Hawkins, a judge thereof, Respondents. and HOMEOWNERS' ASSOCIATION OF TUCSON ESTATES, Homer B. Lawrence, Thomas W. Campbell, Thomas M. Ward and Alphus R. Christensen, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied September 23, 1986.

Review Denied December 2, 1986.

Attorney(s) appearing for the Case

Law Offices of Richard J. Michela by Richard J. Michela, and O'Dowd, Burke & Lundquist by Erik M. O'Dowd, Tucson, for petitioner.

Miller & Pitt, P.C. by John A. Baade, Tucson, for real parties in interest.

FERNANDEZ, Judge.

In this special action we are asked to determine 1) whether a notice of lis pendens may be filed under A.R.S. § 12-1191 in an action seeking declaratory relief and damages arising out of the collection of monthly user fees pursuant to recorded deed restrictions and the declaration of an implied restrictive covenant and, 2) assuming that such a notice may be filed, what property may properly be included in the notice.

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