On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after...more
In September 2018, in Baumgartner v. Timmins, 245 Ariz. 334, 429 P.3d 567, the Arizona Court of Appeals provided further clarification on what constitutes an “encumbrance” on a property for purposes of Arizona’s statutory...more
3/5/2019
/ Actual Damages ,
Affidavits ,
Appeals ,
Attorney's Fees ,
CC&Rs ,
Default Judgment ,
Encumbrances ,
False Reporting ,
Final Judgment ,
Homeowners ,
Homeowners Association (HOA) ,
Litigation Fees & Costs ,
Material Misstatements ,
Property Owners ,
Reversal ,
Treble Damages
On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more
7/24/2017
/ Adjacent Property Owners ,
Appeals ,
Covenant of Quiet Enjoyment ,
Dismissals ,
Federal v State Law Application ,
Manufacturing Facilities ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Nuisance ,
Private Nuisance ,
Property Owners ,
Reversal ,
RICO
Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more