Financial Associates, Inc. v. Hub Properties, Inc.

OPINION

BIRDSALL, Chief Judge.

This appeal was taken from the trial court’s denial of appellants’ request for a preliminary injunction to enjoin the appellee from installing a sewer line across appellants’ property.

Appellants own a shopping center on the northeast corner of the intersection of Broadway and Kolb Road in Tucson. Appellants sold a building pad to appellee for the construction of a retail clothing store. Construction on the store began in October of 1984. Appellee’s construction crew planned to begin excavating a trench on November 5 for the purpose of constructing a sewer line…