CMSH Co., Inc. v. Antelope Development, Inc.

Opinion

DAVIS, J.

Introduction

In this case we are asked to determine whether inflation, as indicated in the consumer price index, should be considered in fixing damages for the nonexpungement of a lis pendens where the fair market value of the real property has actually appreciated during the lis pendens period. We hold that it should not and affirm the judgment.

Factual and Procedural Background

On August 10, 1979, respondents CMSH Company, Inc., and Mohammad Mohanna (hereafter, CMSH) filed a complaint for specific performance and for damages for breach of contract and refusal to bargain in good…