Legal Opinion
Shalimar Ass'n v. D.O.C. Enterprises, Ltd.
Court of Appeals of Arizona
Decided March 27, 1984No. 1 CA-CIV 5330PublishedCited by 21 opinions
1Opinion of the Court
OPINION
FROEB, Judge.
This case involves an attempt by the new owners of a golf course to develop the property for other purposes. No specific restriction as to the use of the land was ever placed of record with the county recorder. The surrounding homeowners brought this action to have the court declare and enforce against the new owners' an implied restriction limiting the use of the property to a golf course. We hold that a covenant restricting the use of the property is implied from the facts and circumstances and is enforceable against the new owners because they are not bona fide…
2Cases cited30 opinions
- Werner v. GrahamCalifornia Supreme Court · 1919
- Marra v. Aetna Construction Co.California Supreme Court · 1940
- Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1967
- Riley v. StovesCourt of Appeals of Arizona · 1974
- Davis v. KleindienstArizona Supreme Court · 1946
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3Cited by21 opinions
- Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.)Court of Appeals for the Ninth Circuit · 1990
- Scholten v. Blackhawk PartnersCourt of Appeals of Arizona · 1995
- Pollock v. RamirezNew Mexico Court of Appeals · 1994
- Bridger v. LakeMontana Supreme Court · 1995
- Heatherwood Holdings, LLC v. First Commercial BankSupreme Court of Alabama · 2010
16 more not listed; retrieve them via the Exa API.