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CHULA VISTA HOMEOWNERS ASSOCIATION v. IRWIN

No. 2 CA-SA 2018-0031.

426 P.3d 1228 (2018)

796 Ariz. Adv. Rep. 49

CHULA VISTA HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, Petitioner, v. Hon. Charles IRWIN, Judge of the Superior Court of the State of Arizona, in and for the County of Cochise, Respondent, and Rodney Olson and Gloria Olson, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

Filed July 27, 2018.

Attorney(s) appearing for the Case

Carpenter, Hazlewood, Delgado and Bolen LLP, Tucson, By Jason E. Smith and Kaycee S. Wamsley , Counsel for Petitioner.

Stachel & Associates P.C., Sierra Vista, By Robert D. Stachel Jr. and Alberta Chu , Counsel for Real Party in Interest.

Judge Eppich authored the opinion of the Court, in which Presiding Judge Vásquez and Judge Espinosa concurred.

OPINION

¶ 1 The question presented in this special action is whether attorney fees awarded on claims for declaratory relief, violation of the open meeting laws, and slander of title under A.R.S. § 33-420(A), are damages for purposes of determining the amount of the supersedeas bond under A.R.S. § 12-2108 and...

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