North Fork Meadows v. Dove
North Fork Meadows v. Dove, 2023 UT App 107 (Tenney, J.)
The district court denied Homeowners’ request for attorney fees after the district court dissolved a temporary restraining order (TRO) obtained against Homeowners. The Utah Court of Appeals affirmed but remanded, holding:
- Attorney fees are not available to Homeowners under rule 65A, because the TRO—although later dissolved—was not “wrongful” when issued.
- On remand, the district court should make a “prevailing party” determination to decide whether Homeowners are entitled to attorney fees under the association’s prevailing party clause.
- Practice tip: The district court dissolved the TRO because the Owners Association ignored other non-conforming construction and “abandoned” its right to enforce the CC&Rs, a conclusion that was not appealed.