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KENNY v. RICH

No. 20070391-CA.

186 P.3d 989 (2008)

2008 UT App 209

James J. KENNY; Patricia D. Kenny; James E.B. Stuart; Eileen A. Stuart; Robert C. Slettom; Faye Slettom; Richard L. Measelle; Chase Peterson; Grethe B. Peterson; and Thaynes Canyon 1 Homeowners Association, an unincorporated association, Plaintiffs and Appellees, v. John L. RICH, Defendant and Appellant.

Court of Appeals of Utah.

May 30, 2008.

Attorney(s) appearing for the Case

Denver C. Snuffer Jr. and Bret W. Reich, Sandy, for Appellant.

Erik A. Olson and Thomas J. Burns, Salt Lake City, for Appellees.

Before GREENWOOD, P.J., BENCH and ORME, JJ.

OPINION

BENCH, Judge:

¶ 1 Defendant John L. Rich appeals from a preliminary injunction issued against him and an award of attorney fees entered in favor of his homeowners association and the above-named Plaintiffs (collectively, the HOA). Rich challenges the district court's (1) conclusion that he waived his right to arbitrate the dispute, (2) vacation of the arbitration award for lack of an agreement to arbitrate...

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