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Timber Lakes Property Owners Assoc. v. Cowan, 2019 UT App 160 (Sept. 26, 2019)

Sep 26, 2019

A homeowners association sued the defendants for permanent injunctive relief related to the construction of a garage, which encroached on the association’s right-of-way to maintain, improve, or use a 60-foot-wide road in that area.  Because the association failed to submit evidence that it actually intended to construct the road, the court of appeals held that the association failed to prove that “irreparable harm would result” and affirmed the denial of the permanent injunction.  In doing so, the court rejected the association’s argument that the availability of monetary compensation was based upon conjecture.