1. Home
  2. Browse Decisions
  3. Ariz.
  4. 155 Ariz.
  5. 155 Ariz. 229 (1987)
 

WESTWOOD HOMEOWNERS ASS'N v. TENHOFF

No. 1 CA-CIV 8957.

155 Ariz. 229 (1987)

745 P.2d 976

WESTWOOD HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, Plaintiff-Appellee, v. Charles and Sylvia TENHOFF, husband and wife, Jeff and Alice Gierhan, husband and wife; the Mesa Association for Retarded Citizens, an Arizona corporation, Defendants-Appellants.

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

Review Granted December 15, 1987.

Attorney(s) appearing for the Case

Wright & Decker by Roger C. Decker, Ryan P. Dyches, Mesa, for plaintiff-appellee.

Reynolds, Rhodes & Golston by Rodger A. Golston, Mesa, and Lewis and Roca by John P. Frank, Steve Bender, Janet Napolitano, Phoenix, for defendants-appellants.

OPINION

GRANT, Presiding Judge.

This is an action for declaratory and injunctive relief to compel the closing of a Mesa home in which six developmentally disabled persons live. The plaintiff, Westwood Homeowners Association, an Arizona non-profit corporation (Westwood), contends that this use of the home violates a restrictive covenant. Westwood was granted summary judgment by the trial court.

FACTS

The facts are not in conflict. The appellants...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases