A three-judge panel of the Arizona Court of Appeals today denied a BHOA Motion for Stay and Preliminary Injunction in Special Action.
This is the second stay request that the Court of Appeals has rejected, by two separate three-judge panels (additional requests were previously denied in Superior Court). The primary object of both actions was apparently to delay construction of the water reservoir on former BHOA common land.
Unless the BHOA withdraws its Request for Special Action, litigation will continue in the Court of Appeals as it will in the condemnation suit in Superior Court. There are, however, no obstacles to construction still pending in those actions.
The only remaining obstacle to UCFD construction is pending in the Superior Court of Judge Jay Adelman. The BHOA is trying to enforce an injunction issued on behalf of the Ryans in 2020 even though it does not appear the Ryans have intervened to have this injunction remain in force.
It seems to us the path to water reservoir construction is much clearer after today’s ruling. We can only hope that eight months of legal efforts that seem to have fallen somewhere on the continuum between fruitless and frivolous will not prejudice Judge Martin against our interests on the important issue of valuation. Given the costs already incurred and our record to date, we also encourage the Board to re-examine whether a stipulated settlement might be more beneficial to Association members than the expected gain in valuation associated with a jury trial that would likely occur only after more than an additional year of litigation.