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SCHOLTEN v. BLACKHAWK PARTNERS

No. 1 CA-CV 93-0245.

184 Ariz. 326 (1995)

909 P.2d 393

Donald B. SCHOLTEN and Claudia Penny Webster-Scholten, Co-Trustees of the Webster-Scholten-Scholten 1991 Trust dated December 17, 1991, Plaintiffs-Appellants, v. BLACKHAWK PARTNERS, a California partnership; Robert A. Bird and Laurie G. Bird, husband and wife; Marlon Bird, a married man; Phillip T. Larson and Kathryn H. Larson, husband and wife; Richard F. Peterson and Nancy C. Peterson, husband and wife, Defendants-Appellees.

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

Order Granting Reconsideration October 3, 1995.

Attorney(s) appearing for the Case

Boyle, Pecharich, Cline & Whittington by J. Jeffrey Coughlin, Prescott, for plaintiffs-appellants.

Favour, Moore, Wilhelmsen & Schuyler, P.A. by David K. Wilhelmsen, Prescott, for defendants-appellees Blackhawk, Bird and Larson.

Law Offices of William Lee Eaton by William Lee Eaton, Prescott, for defendants-appellees Peterson.

OPINION

WEISBERG, Judge.

Plaintiffs sued for a declaratory judgment holding that an amendment to the restrictive covenants of the Willow Creek Heights Subdivision was not yet in effect. The trial court granted defendants' motion for summary judgment, thereby concluding that the subject amendment had taken effect. We, however, conclude otherwise.

FACTS AND PROCEDURAL HISTORY

The parties own lots in the Willow Creek Heights...

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