Legal Opinion

Ahwatukee Custom Estates Management Ass'n v. Bach

Arizona Supreme Court

Decided January 28, 1999No. CV-97-0495-PRPublishedCited by 38 opinions

1Opinion of the Court

OPINION

McGREGOR, Justice.

¶ 1 The primary issue before us is whether the successful party in a contract action may recover its non-taxable costs as part of an award of attorneys’ fees under Arizona Revised Statutes (A.R.S.) § 12-341.01.A (West 1992). We hold it may not.

I

¶2 This matter stems from a disagreement involving Appellant Daniel Bach’s (Bach) installation of a fence and pilasters on his property in the Ahwatukee Custom Estates-8 Subdivision. Appellee Ahwatukee Custom Estates Management Association (ACEMA) brought an action against Bach, asserting the height of his fence and…

2Cases cited17 opinions

  1. Taylor v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1993
  2. Canon School District No. 50 v. W.E.S. Construction Co.Arizona Supreme Court · 1994
  3. Schwartz v. SchwerinArizona Supreme Court · 1959
  4. State v. McDonaldArizona Supreme Court · 1960
  5. Carolyn Bradley and Michael Bradley, Infants, by Minerva Bradley, Their Mother and Next Friend v. The School Board of the City of Richmond, VirginiaCourt of Appeals for the Fourth Circuit · 1972

12 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Harris v. Maricopa County Superior CourtCourt of Appeals for the Ninth Circuit · 2011
  2. GTE Wireless, Inc. v. Cellexis International, Inc.Court of Appeals for the First Circuit · 2003
  3. Keg Restaurants Arizona, Inc. v. JonesCourt of Appeals of Arizona · 2016
  4. Key v. Chrysler Motors Corp.New Mexico Supreme Court · 2000
  5. Schritter v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 2001

33 more not listed; retrieve them via the Exa API.

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