O''malley V. Central Methodist Church

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 above-named defendants, who are being sued individually and as representatives of the owners of all the lots in said subdivision, to have this controversy between it and said lot owners adjudicated and determined under the provisions of the Declaratory Judgment Act.