Tucson Estates, Inc. v. Superior Court

FERNANDEZ, Judge.

In this special action we are asked to determine 1) whether a notice of lis pen-dens may be filed under A.R.S. § 12-1191 in an action seeking declaratory relief and damages arising out of the collection of monthly user fees pursuant to recorded deed restrictions and the declaration of an implied restrictive covenant and, 2) assuming that such a notice may be filed, what property may properly be included in the notice.

The factual background is as follows. Plaintiffs/real parties in interest are residents of a mobile home community located west of the Tucson Mountains in Pima…