O'Malley v. Central Methodist Church

J. SMITH GIBBONS, Superior Judge.

The plaintiff (appellee), a nonprofit corporation, owned or had options to purchase lots 10,11, and 60, in Los Olivos Subdivided, an addition to the City of Phoenix, and announced its intention to erect a church edifice and construction incident thereto to carry out the activities of a modern church. Defendants (appellants), owners of lots in Los Olivos Subdivided and Los Olivos Amended, claim that certain building restrictions imposed upon lots in said subdivisions prohibit the erection of said church. The plaintiff instituted this class action against the…