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SMITH v. SIMAS

No. 20100793-CA.

324 P.3d 667 (2014)

2014 UT App 78

Lloyd SMITH and Laurie Smith, Plaintiffs, Appellants, and Cross-appellees, v. Timothy Vern SIMAS and Christy Leigh Simas, Defendants, Appellees, and Cross-appellants.

Court of Appeals of Utah.

April 10, 2014.

Attorney(s) appearing for the Case

Steve S. Christensen , Craig L. Pankratz , and Samuel J. Sorensen , for Appellants and Cross-appellees.

Russell C. Fericks , Zachary E. Peterson , and Rafael A. Seminario , for Appellees and Cross-appellants.

Judge MICHELE M. CHRISTIANSEN authored this Opinion, in which Judges GREGORY K. ORME and J. FREDERIC VOROS JR. concurred.

Opinion

CHRISTIANSEN, Judge:

¶ 1 Lloyd and Laurie Smith filed suit against Timothy Vern and Christy Leigh Simas claiming that the Simases' house, constructed adjacent to the Smiths' house, violated the Declaration of Covenants, Conditions, and Restrictions recorded against the Simases' property. On appeal, the Smiths challenge the trial court's denial of their requests for injunctive relief, nominal damages, and attorney fees. The Simases cross-appeal...

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