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CANADY v. PRESCOTT CANYON ESTATES HOMEOWNERS ASSOCIATION

No. 1 CA-CV 02-0138.

60 P.3d 231 (2002)

204 Ariz. 91

Scott CANADY, an unmarried individual, Ralph and Margaret Canady, husband and wife, and Pamela Garapich, an unmarried individual, Intervening Plaintiffs-Appellants, v. PRESCOTT CANYON ESTATES HOMEOWNERS ASSOCIATION, Prescott Canyon Estates Homeowners Association Board of Directors, and Don Larson, President, Defendants-Appellees.

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

As Amended and Redesignated as Opinion December 20, 2002.

Attorney(s) appearing for the Case

Arizona Center for Disability Law, By Julianne H. Carter, Phoenix, Attorneys for Appellants.

James A. Simmons, Prescott, Attorney for Appellees.

OPINION

EHRLICH, Judge.

¶ 1 Prescott Canyon Estates Homeowners Association, its board of directors and its president (collectively "Association") refused to waive their community's minimum-age requirement so that a disabled person of less than that minimum age of 35 years, could reside with his parents. The trial court granted summary judgment in favor of the Association, ruling that the age restriction was lawful and did not discriminate based on ...

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