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Smith v. Coronado Foothills Estates Homeowners Ass'n, Inc.

Arizona Supreme Court

117 Ariz. 171, 571 P.2d 668 (1977)

Facts

Coronado Foothills Estate Homeowners Ass’n, Inc. (defendant) applied for an injunction prohibiting Beulah Smith (plaintiff) from building her home contrary to deed restrictions. The association obtained the injunction without notice to Smith, and the court set the amount of bond at $10. Ultimately, the trial court found that the injunction was unlawful, and Smith’s recovery was limited to the $10 cash bond. The Arizona Court of Appeals affirmed, and Smith appealed to the Arizona Supreme Court. Smith argued that she was entitled to damages beyond that of the $10 bond.

Rule of Law

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Issue

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Holding and Reasoning (Cameron, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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