William and Alice Carter purchased two lots in a subdivision called Payson Ranchos in Payson, Arizona. Each lot in the subdivision had a restriction in the deed that prohibited the use of house trailers on the lots except for a period of up to 90 days during the time that a house was being constructed on the lot. The Carters moved a trailer onto one of their lots. They removed the tongue and wheels and set the trailer up on concrete blocks. They also connected it to a septic tank and attached power and water lines. 

A number of Carters’ neighbors brought a lawsuit to require them to remove the trailer because it was in violation of the deed restriction. The Carters claimed that the restriction did not apply because their home was no longer a trailer. They also claimed that other neighbors were violating other deed restrictions concerning the erection of fences, so they should not be able to enforce the trailer restriction against the Carters. Could the restriction against trailers be used to force the Carters to remove their trailer?