Legal Opinion
Westwood Homeowners Ass'n v. Tenhoff
Court of Appeals of Arizona
Decided December 15, 1987No. 1 CA-CIV 8957PublishedCited by 8 opinions
1Opinion of the Court
OPINION
GRANT, Presiding Judge.
This is an action for declaratory and injunctive relief to compel the closing of a Mesa home in which six developmentally disabled persons live. The plaintiff, West-wood Homeowners Association, an Arizona non-profit corporation (Westwood), contends that this use of the home violates a restrictive covenant. Westwood was granted summary judgment by the trial court.
FACTS
The facts are not in conflict. The appellants own a home in Mesa. Six or fewer developmentally disabled children and young adults live in the home with an employee who provides them with “parental”…
2Cases cited23 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Crane Neck Ass'n v. New York City/Long Island County Services GroupNew York Court of Appeals · 1984
- Riley v. StovesCourt of Appeals of Arizona · 1974
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mains Farm Homeowners Ass'n v. WorthingtonWashington Supreme Court · 1993
- Arnold v. Arizona Department of Health ServicesArizona Supreme Court · 1989
- Deep East Texas Regional Mental Health & Mental Retardation Services v. Kinnear, Texas Court of Appeals, 9th District (Beaumont)1994
- Rhodes v. Palmetto Pathway Homes, Inc.Supreme Court of South Carolina · 1991
- Canady v. Prescott Canyon Estates Homeowners AssociationCourt of Appeals of Arizona · 2002
3 more not listed; retrieve them via the Exa API.