· 8/23/2011
IB Property Holdings, LLC v. Rancho Del Mar Apartments Ltd. Partnership
Citations
- 263 P.3d 69
- 228 Ariz. 61
- 615 Ariz. Adv. Rep. 13
- 2011 Ariz. App. LEXIS 153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Granting or denying a preliminary injunction is within the sound discretion of the trial court....”
- rejecting affidavits offered to show that easement granted for “pedestrian and passenger” vehicles was intended for emergency vehicles only because “the contract language [was] not reasonably susceptible to the interpretation” set forth in the affidavits
- “[T]he party seeking an injunction must show a possibility of irreparable injury ‘not remediable by [monetary] damages’” (quoting Shoen, 167 Ariz. at 63)
- injunction appropriate where damages are inadequate because “loss is uncertain”
- injury may be irreparable where damages are insufficient remedy
- applying contract interpretation principles to easements
Source: CourtListener parenthetical corpus (CC0).
Judges: Brammer, Howard, Eckerstrom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.