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

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

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

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

AR

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

Issue

Holding and Reasoning (Cameron, C.J.)

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