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CIMARRON FOOTHILLS COM. ASS'N v. KIPPEN

No. 2 CA-CV 2003-0048.

79 P.3d 1214 (2003)

206 Ariz. 455

CIMARRON FOOTHILLS COMMUNITY ASSOCIATION, an Arizona corporation, Plaintiff/Counterdefendant/Appellee, v. James KIPPEN and Betty Kippen, husband and wife, Defendants/Counterclaimants/Appellants.

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

December 10, 2003.

Attorney(s) appearing for the Case

Haralson, Miller, Pitt, Feldman and McAnally, By Stanley G. Feldman, Parrish & Berry, By Richard Parrish, Tucson, for Defendants/Counterclaimants/Appellants.

John A. Baade, Tanis A. Duncan, Tucson, for Plaintiff/Counterdefendant/Appellee.

OPINION

HOWARD, J.

¶ 1 After a bench trial, the trial court found that appellee Cimarron Foothills Homeowners Association was entitled to enforce its deed restrictions against appellants James and Betty Kippen, despite the Kippens' claim that the restrictions violated the federal Fair Housing Amendments Act ("FHAA"). The Kippens argue the trial court erred in finding that their proposed accommodation was not reasonable and necessary under the...

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