Smith v. Second Church of Christ, Scientist, Phoenix

BERNSTEIN, Justice.

Plaintiff-appellee Second Church of Christ, Scientist, Phoenix, Arizona (hereinafter called the “appellee”) commenced this action for a declaratory judgment against the other owners of property in Block 2, Orangewood, to determine whether the land owned by it in lot 10 thereof is encumbered by restrictive covenants *403which prevent the building of a church. The court below entered summary judgment in favor of appellee, from which judgment this appeal has been taken by the other owners.

Block 2, Orangewood, is a tract of land in Maricopa County of approximately 160 acres,…