Legal Opinion
Burke v. Voicestream Wireless Corp. II
Court of Appeals of Arizona
Decided March 30, 2004No. 1 CA-CV 02-0031PublishedCited by 21 opinions
1Opinion of the Court
OPINION
GEMMILL, Judge.
¶ 1 The trial court ruled that the deed restrictions for a residential subdivision did not prohibit the construction and continuing presence of a cellular telephone signal transmission tower on church premises within the subdivision. We reverse. The deed restrictions apply to the tower and are enforceable by appellants James F. and Margaret A. Burke.
BACKGROUND
¶2 In 1992, the Burkes purchased the home located on Lot 22 of Desert Estates Unit 4 (“Desert Estates”), a residential subdivision in Scottsdale. The subdivision is subject to a Declaration of Restrictions…
2Cases cited17 opinions
- Valley Medical Specialists v. FarberArizona Supreme Court · 1999
- Riley v. StovesCourt of Appeals of Arizona · 1974
- McDonough v. WW Snow Construction Co., Inc.Supreme Court of Vermont · 1973
- Ahwatukee Custom Estates Management Ass'n v. TurnerCourt of Appeals of Arizona · 2000
- Simms v. Lakewood Village Property Owners Ass'n, Texas Court of Appeals, 13th District1995
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- FLYING DIAMOND AIRPACK, LLC v. MeienbergCourt of Appeals of Arizona · 2007
- County of La Paz v. Yakima Compost Co.Court of Appeals of Arizona · 2010
- Powell v. WashburnArizona Supreme Court · 2006
- Bentley v. Building Our FutureCourt of Appeals of Arizona · 2007
- Johnson v. DawsonIndiana Court of Appeals · 2006
16 more not listed; retrieve them via the Exa API.