Legal Opinion

Goldberg v. Jay Timmons & Associates

Court of Appeals of Utah

Decided June 1, 1995No. 940640-CAPublishedCited by 7 opinions

1Opinion of the Court

JACKSON, Judge:

Jay Timmons & Associates, Jay Timmons, and Marshall McDaniel (defendants) challenge the trial court’s award of injunctive relief to Gary Goldberg and Diana Meehan (plaintiffs). We reverse and remand.

BACKGROUND

Plaintiffs built a home in the Evergreen Subdivision of Deer Valley (Evergreen) in Park City, Utah. Defendants later built a home adjacent to plaintiffs’. Every lot in Evergreen is burdened by restrictive covenants listed in the Declaration of Covenants, Conditions, and Restrictions for Evergreen (CC & Rs). Plaintiffs brought suit against defendants alleging defendants had…

2Cases cited19 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  3. Wooddell v. International Brotherhood of Electrical Workers, Local 71Supreme Court of the United States · 1991
  4. State v. LarsenUtah Supreme Court · 1993
  5. Merex A.G. Merex Corporation and Peter C. Lachmann v. Fairchild Weston Systems, Inc.Court of Appeals for the Second Circuit · 1994

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3Cited by7 opinions

  1. State v. JohnsonUtah Supreme Court · 2017
  2. Pete v. YoungbloodCourt of Appeals of Utah · 2006
  3. First General Services v. PerkinsCourt of Appeals of Utah · 1996
  4. Kenny v. RichCourt of Appeals of Utah · 2008
  5. Dishinger v. PotterCourt of Appeals of Utah · 2001

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

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