Whitaker v. Holmes

DE CONCINI, Justice.

This is an appeal from a decree of the superior court denying appellants’ injunction to restrain appellees from operating an establishment which dispenses alcoholic beverages, contrary to a restrictive covenant.

Appellants, Charles M. Whitaker et al., hereinafter referred to as plaintiffs, and the defendant Bertha Mae Gardner, one of the appellees herein, by divers deeds of conveyance became seized of certain lands situated in Glendale, Arizona. The plaintiffs are the owners of Lots 6, 7, 8, and 9, Block 3, Park Place Addition. The defendant Gardner is the owner of…