Grossman v. Hatley

HATHAWAY, Chief Judge.

Appellants-plaintiffs, a group ‘of lot owners in a subdivision known as Country Club Estates No. 2, have appealed from a summary judgment rendered against them in superior court. Plaintiffs seek in Count One of their complaint both to enjoin the alleged violation of certain restrictive covenants by defendants Edith E. Hatley (hereinafter Mrs. Hatley), Blankenship Builders, Inc., and Pima County, and to declare void a dedication of certain property to Pima County. In Count Two, they seek to abate an alleged nuisance caused by defendants.

Mrs. Hatley was the owner of a…