Legal documents to view or download

Legal documents--Covenants, Conditions and Restrictions

The CC&Rs are the basis for the homeowners' case against the developers . The CC&Rs were written by attorneys for the original Ahwatukee developer in 1992 to protect homeowners from land speculators.

1992 Deed Restriction (pdf)

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Trial 1

  • This is the judge's final written order affirming that the CC&Rs require the owners of the property to operate a golf course. Attorneys for both True Life and the homeowners had asked the court to interpret the CC&Rs. Oral arguments were May 1, 2016 before Judge John R. Hannah Jr. in Maricopa Country Superior Court.  
  • In this order, the judge wrote, "the Court finds the intention of the 1992 Declaration of Covenants, Conditions, Restrictions and Easements was that a golf course would be operated on the subject property."

Trial 2

  • After a bench trial October 24-26, 2018, Judge Hannah released his Findings of Facts and Conclusions of Law on Jan. 2, 2018.
  • Based on the facts and the law, Hannah issued a final judgment and order for a permanent injunction. It found that the course owners breached the terms of the CC&Rs, found that the homeowners were entitled to injunctive relief, rejected the course owners' request to change the CC&Rs, and awarded attorney's fees to the homeowners.