Legal Opinion

Canady v. Prescott Canyon Estates Homeowners Association

Court of Appeals of Arizona

Decided December 20, 2002No. 1 CA-CV 02-0138PublishedCited by 13 opinions

1Opinion of the Court

OPINION

EHRLICH, Judge.

¶ 1 Prescott Canyon Estates Homeowners Association, its board of directors and its president (collectively “Association”) refused to waive their community’s minimum-age requirement so that a disabled person of less than that minimum age of 35 years, could reside with his parents. The trial court granted summary judgment in favor of the Association, ruling that the age restriction was lawful and did not discriminate based on disability. For the reasons discussed below, we disagree, and accordingly reverse and remand for entry of judgment in favor of Ralph, Margaret and…

2Cases cited18 opinions

  1. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  2. City of Edmonds v. Oxford House, Inc.Supreme Court of the United States · 1995
  3. Phyllis Shapiro and United States of America v. Cadman Towers, Inc. And Sydelle LevyCourt of Appeals for the Second Circuit · 1995
  4. Smith & Lee Associates, Inc. United States of America v. City of Taylor, MichiganCourt of Appeals for the Sixth Circuit · 1996
  5. Alisha Bronk and Monica Jay v. Bernhard IneichenCourt of Appeals for the Seventh Circuit · 1995

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3Cited by13 opinions

  1. Nolan v. Starlight Pines Homeowners Ass'nCourt of Appeals of Arizona · 2007
  2. State v. MangumCourt of Appeals of Arizona · 2007
  3. Johnson v. Mohave CountyCourt of Appeals of Arizona · 2003
  4. Fidelity National Title Co. v. Town of MaranaCourt of Appeals of Arizona · 2009
  5. City of Tempe v. StateCourt of Appeals of Arizona · 2015

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