Federoff v. Pioneer Title & Trust Co.

OPINION

GORDON, Chief Justice.

Robert F. Federoff and others (appellants) petitioned for review of the court of appeals’ decision finding eight restrictive covenants unenforceable. We granted review on two issues: (1) whether these restrictive covenants established by the original grantors are enforceable as class three covenants under O’Malley v. Central Methodist Church, 67 Ariz. 245, 194 P.2d 444 (1948); and (2) whether enforcement of the covenants, regardless of their classification under O’Malley, is precluded by Werner v. Graham, 181 Cal. 174, 183 P. 945 (1919), because the failure to…