02/04/2026 — CV2026004481 HARAPKO, SEAN 02/04/2026 HONORABLE QUINTIN CUSHNER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/05/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/04/2026
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE QUINTIN CUSHNER
A. Hayes
Deputy
IGOR KOKOSKOV, et al.
ELIZABETH FINE
v.
SEAN HARAPKO, et al.
SEAN HARAPKO
NO ADDRESS ON RECORD
GRAYHAWK COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
ALICIA HARAPKO
NO ADDRESS ON RECORD
JUDGE Q CUSHNER
ORDER SIGNED
IT IS ORDERED setting an Order to Show Cause-Return Hearing on February 19,
2026, at 9:00 a.m. (time allotted: 15 minutes), all in accordance with the formal written Order
signed by the Court on February 4, 2026, and filed (entered) electronically by the Clerk on
February 4, 2026.
Please note: This minute entry is issued to provide notice of the entry of a court order.
After the order has been docketed by the Clerk of the Court, copies of this order including certified
copies will be available. More information regarding how to obtain copies and/or certified copies
of records may be found here: https://www.clerkofcourt.maricopa.gov/records/obtaining-records.
02/19/2026 — CV2026004481 HARAPKO, SEAN 02/19/2026 HONORABLE QUINTIN CUSHNER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/23/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE QUINTIN CUSHNER
A. Hayes
Deputy
IGOR KOKOSKOV, et al.
ELIZABETH FINE
v.
SEAN HARAPKO, et al.
GRAYHAWK COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
ALICIA HARAPKO
3517 MONARCH DR
EDGEWATER MD 21037-2757
ALLY B WEST
MARK BAINBRIDGE
QUINTEN T CUPPS
DEEANN MARIE BARNES
JUDGE Q CUSHNER
EVIDENTIARY HEARING SET
East Court Building - Courtroom 612 – VC-CV
8:59 a.m. This is the time set for Order to Show Cause-Return Hearing regarding Plaintiffs’
Application for Temporary Restraining Order and Preliminary Injunction, filed February 4, 2026.
Plaintiffs, Igor Kokoskov, and Patricia Kokoskov are present with counsel, Elizabeth Fine, and co-
counsel Ally B. West. Defendants, Sean Harapko and Alicia Harapko are represented by counsel,
Mark Bainbridge. Defendant, Grayhawk Community Association is represented by counsel,
Quinten T. Cupps and co-counsel DeeAnn Marie Barnes. All parties appear virtually.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 2
A record of the proceeding is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the case.
Accordingly,
IT
IS
ORDERED
setting
this
matter
for
an
in-person
Preliminary
Injunction/Evidentiary Hearing regarding Plaintiffs’ Application for Temporary Restraining
Order and Preliminary Injunction on March 26, 2026, at 9:00 a.m. before:
THE HONORABLE QUINTIN CUSHNER
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
6TH FLOOR, COURTROOM 612
PHOENIX, AZ 85003
PHONE: 602-372-2366
This is a 3-hour proceeding. The Court will determine if more time is needed. If there is
a failure to appear, the Court may make such orders as are just, including granting the relief
requested by the party who does appear.
Counsel and self-represented parties should appear promptly 5 minutes prior to the
scheduled time.
THE COURT RESERVES THE RIGHT TO VACATE OR RESET THE HEARING
IF THE PARTIES FAIL TO COMPLY WITH THE DEADLINES SET FORTH IN THIS
ORDER.
NOTE: All court proceedings are recorded by audio and video method and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in
which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must submit
a written request to the assigned judicial officer at least ten (10) judicial days in advance of the
hearing and must pay the authorized fee to the Clerk of the Court at least two (2) judicial days
before the proceeding. The fee is $140 for a half-day and $280 for a full day.
Superior Court proceedings are preserved using digital audio/video recording. To order a copy of
the
digital
recording
please
email
Electronic
Records
Services
at:
[email protected] or call 602-506-7100. To obtain a copy of a hearing on the day
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 3
it is conducted, you must first fill out a “Request for Daily Copy” form and pay the fee at the
Court’s Law Library Resource Center. Forms are available at the Law Library Resource Center.
To order transcripts of digitally recorded court proceedings call Electronic Records Services (602-
506-7100) for instructions.
Requests for court interpreters, court reporters or for witnesses to appear virtually
must be made at least twenty-one (21) days prior to the trial/hearing date.
Time will be divided equally between Plaintiffs and Defendants.
Discussion continues regarding deadlines and Defendants’ responses to the Application.
Based upon the matter presented to the Court,
IT IS ORDERED that Defendants responses to the Application is due on February 25,
2026.
IT IS FURTHER ORDERED that the parties’ discovery request shall be due on March
2, 2026, and responses shall be due by March 16, 2026.
Discussion continues regarding Plaintiff’s request for the Court to Order a stop work order.
LET THE RECORD REFLECT that the Court does not grant a stop work order in advance
of the evidentiary hearing.
9:17 a.m. Matter concludes.
Based on the setting of the Evidentiary Hearing, the Court sets the following deadlines and
makes the following orders. The dates set forth in this order are firm dates and will not be extended
or modified by this Court absent good cause. Lack of preparation will not ordinarily be considered
good cause.
JOINT STATEMENT
A Joint Statement must be filed no later than March 19, 2026. The parties shall include
the following:
A. A jointly completed time and witness estimate list. The Court will use the list to predict
the length of the hearing. Any time limitation set will be reasonable presumptive limits
subject to modification upon a showing of good cause.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 4
B. A list of all deposition or other transcribed testimony that may be offered at the hearing.
The proposed testimony is to be identified by reference to page and line numbers.
Objections, if any, to such testimony, and the reasons for such objections, are also to be
set forth.
C. A list of all exhibits that may be offered at the hearing. Objections, if any, to each exhibit
and the reasons therefore shall also be set forth. Any rulings will be stated on the record.
All objections to known exhibits and witnesses must be made before the hearing.
USE OF COURTROOM EQUIPMENT
All parties are expected to be familiar with the workings of the courtroom’s electronic
equipment. If there is a need to becoming familiar with this division’s electronic equipment, please
make an appointment to test the equipment by no later than one week prior to the scheduled
proceeding via email through the Division at: [email protected].
COMMUNICATION WITH THE DIVISION
Preferred communication with this division is via email to the Division at:
[email protected].
For any and all such written communication, all other parties to the case shall be endorsed.
EXHIBIT REQUIREMENTS
IT IS ORDERED that the parties submit any proposed hearing exhibits as follows:
Submit Hearing Exhibits through Case Center. This division is using Case Center (also known
as Case Lines), a statewide electronic exhibit portal. Attorneys must submit exhibits through Case
Center; Self-Represented Litigants can request to opt-out of Case Center by contacting the judge’s
division at [email protected] or 602-372-2366. Unless otherwise ordered, Exhibits
must be submitted at least 7 business days before the hearing as provided below.
1. Opting Out of Case Center (Self-Represented Litigants only). A Self-Represented
Litigant may opt out of Case Center no less than 10 calendar days before the
trial/evidentiary hearing (or within 24 hours of being served with notice if the party is
served less than 10 calendar days before the evidentiary hearing). The Self-Represented
Litigant must email the other Self-Represented Litigants or counsel and the assigned
judicial division to notify the court that they are opting out and to request instructions for
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 5
submitting exhibits. Self-Represented Litigants must comply with the deadline for
submitting Exhibits. Each party must make sure the Court has the party’s valid current
email address. If you do not have an email address, you can obtain a free one through
accounts.google.com. Each party must register for Case Center at
https://www.azcourts.gov/digitalevidence/Training/Attorney-and-Self-Represented-
Litigants. The website has links to training resources that will guide you through
uploading exhibits and navigating Case Center. The Clerk of Court will send an email
invitation to each party (or their attorney of record) with a case-specific Case Center link
for uploading exhibits before the first hearing. For subsequent hearings in the same case,
parties will not receive another email and should access the case on the Case List page.
For instructions, See https://www.azcourts.gov/digitalevidence/Training/Attorney-and-
Self-Represented-Litigants. For assistance with Case Center invitations only, email the
Clerk of Court at [email protected]. The email subject line should
include the case number. The body of the email should include the parties’ names, the
assigned judge’s name and explain that the sender is requesting help with a Case Center
invitation.
2. Exhibit Format. Case Center accepts most digital formats (including photographs, PDFs,
Word files, audio files, and video files). Case Center automatically numbers
the exhibits. Plaintiff/Petitioner’s exhibits have a P- prefix (Exhibit P1, P2, etc.) and
Defendant/Respondent’s exhibits have a D- prefix (Exhibit D1, D2, etc.). During the
hearing, the parties must refer to exhibits using the Case Center exhibit numbers. For
assistance with Case Center, contact AOC Support Services at (602) 452-3519 (option 5)
or [email protected], Monday – Friday 7 AM – 6 PM, excluding State holidays.
3. Exhibit Upload Assistance. Scanners are available at each of the regional court Law
Library Resource Centers. Each scanner has an attached computer and instructions on how
to upload exhibits into Case Center.
4. Exchange Exhibits. At least 7 business days (not including weekends) before the
hearing, you must give the other party copies of all exhibits you submitted for use at the
hearing.
5. Physical Exhibits. The Courtroom Clerk will handle marking physical exhibits for Self-
Represented Litigants who opt out of Case Center. Attorneys who submit physical exhibits
must create a placeholder in Case Center and include “Physical Exhibit” in the name of the
exhibit prior to submitting the physical exhibit(s) to the judge’s division. The collection of
physical exhibits must have a Physical Exhibit Case Coversheet that includes the
following: (1) the name of the party submitting the exhibit(s); (2) the case number; (3) the
date of hearing; and (4) the exhibit number(s) and description(s). In addition, each
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 6
individual exhibit must have an Exhibit Coversheet printed on color paper indicating the
physical exhibit’s exhibit number in Case Center. For Self-Represented Litigants, if any
individual exhibit is a document that is longer than ten (10) pages, each page of the exhibit
should be numbered. Division staff will provide the exhibits to the Courtroom Clerk for
marking. The Courtroom Clerk will mark physical exhibit(s) with the same exhibit number
used in Case Center
6. Devices and WiFi. If needed, hearing participants may request to use a court-provided
devices to view and present exhibits during an evidentiary hearing. All requests for access
to a court-provided device must be submitted to the division via email 5 calendar days
before the Hearing. Hearing participants can connect to the court’s free MCPUBLIC WiFi
for up to 90 minutes. For evidentiary hearings/trials longer than 90 minutes, WiFi users,
the parties may request access to MCSponsored WiFi which will allow access to WiFi
without the need to reconnect after 90 minutes by emailing the assigned division 10
calendar days in advance of any Hearing. Self-Represented Litigant access will be valid
for 60 days; lawyer and nonlawyer representative access will be valid for 365 days.
7. Remote Witnesses. Any party who calls a witness who is appearing remotely (i.e., by
telephone or videoconference) should either (1) provide the witness with a copy of all
exhibits or (2) ensure that the remote witness has an electronic device available that allows
them to view exhibits displayed on a screen through either Case Center or Teams.
8. Exhibit Presentation During Hearings. Unless indicated otherwise in any hearing-
specific court minute entry or order, offerors may, but are not required to, use Case Center
to present (e.g., show to the court, a witness, or the jury) evidence during a Hearing.
Options for presentation of evidence include but are not limited to the following: (1) use
of paper copies of the exhibits that have been uploaded to Case Center; (2) use of evidence
presentation software and/or PDF viewers to display PDFs of exhibits that have been
uploaded to Case Center; (3) screen sharing of Case Center through Court Connect
(Teams); and (4) use of Case Center “Presentation” mode to share exhibits. Parties are
strongly encouraged to download PDFs of their Case Center exhibits and/or have paper
copies available in the event there are technological difficulties in the courtroom.
9. Additional resources. For Case Center related training and questions, the parties may
wish to visit the Thomson Reuters Case Center Home Page at
https://answers.legalprof.thomsonreuters.com/casecenter-us/search. For technical issues
with Case Center, parties may contact AOC Support Services Monday – Friday from
7:00 AM – 6:00 PM, excluding State holidays, at (602) 452-3519, 1-800-720-7743 (toll
free), or [email protected]. The parties may also wish to review A.O. 2024-080 at
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 7
https://superiorcourt.maricopa.gov/media/30ylnjsa/ao2024-080-re-use-of-case-center-in-
the-civil-department.pdf for additional information regarding Case Center.
NOTE: Depositions will not be marked as exhibits. If you plan to read from a
deposition or use the deposition for impeachment purposes, you will need to supply an
ORIGINAL transcript to the courtroom clerk for filing. Copies will not be filed with the
clerk.
TIME ESTIMATES
CAUSE NUMBER_______________________________________
CASE CAPTION________________________________________
PLAINTIFF'S COUNSEL__________________________________
DEFENDANT'S COUNSEL________________________________
(NOTE: Add additional lines as needed for additional parties and or witnesses.)
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING STATEMENT
PLAINTIFF'S REBUTTAL
Closing arguments will be submitted in the form of findings of facts and conclusions of
law on a date to be set at the close of evidence. Briefing are to be submitted simultaneously.
Courtesy copies should be emailed to this division’s staff in Word format; on paper with no in-
marks; no lines; and no formatting.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk’s
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be e-filed through AZTurboCourt unless an
exception defined in the Administrative Order applies.
In accordance with Rule 2.21 of the Local Rules of Practice for Maricopa County Superior
Court, a self-represented party shall inform the Court of his or her current address, telephone
number, and email address (if any). The self-represented party has a continuing duty to advise the
Court of any change in address, telephone number, or e-mail address (if any) and shall notify the
Court within ten (10) days of such changes. A change of address form may be downloaded through
the Clerk of Court’s website.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
02/19/2026
Docket Code 056
Form V000A
Page 8
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF:
WITNESS NAME
DIRECT
CROSS
REDIRECT
1
2
3
4
5
PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________
WITNESSES FOR DEFENDANT:
WITNESS NAME
DIRECT
CROSS
REDIRECT
1
2
3
4
5
DEFENDANT’S TOTAL WITNESS TIME ESTIMATE: _________________________
TIME ESTIMATE FOR:
PLAINTIFF(S)
DEFENDANT(S)
VOIR DIRE
OPENING STATEMENTS
PLAINTIFF’S TOTAL TIME ESTIMATE: ________________________
DEFENDANT’S TOTAL TIME ESTIMATE: _______________________
NOTE: if there are multiple parties on the same side who are represented by different
attorneys, then each party being represented by different attorneys shall fill out his/her own time
estimates.
03/25/2026 — CV2026004481 HARAPKO, SEAN 03/25/2026 HONORABLE QUINTIN CUSHNER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/26/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/25/2026
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE QUINTIN CUSHNER
A. Hayes
Deputy
IGOR KOKOSKOV, et al.
ELIZABETH FINE
v.
SEAN HARAPKO, et al.
MARK BAINBRIDGE
TICO GLAVAS
JUDGE Q CUSHNER
MINUTE ENTRY
The Court, having considered Plaintiffs’ unopposed Request for Virtual Appearance of
Witnesses filed March 12, 2026, and good cause appearing,
IT IS ORDERED that Plaintiffs’ Request is GRANTED. Plaintiffs’ witnesses are
permitted to appear and testify virtually at the Evidentiary Hearing scheduled for March 26, 2026,
at 9:00 a.m. in this division.
03/26/2026 — CV2026004481 HARAPKO, SEAN 03/26/2026 HONORABLE QUINTIN CUSHNER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/31/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/26/2026
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE QUINTIN CUSHNER
A. Hayes
Deputy
IGOR KOKOSKOV, et al.
ELIZABETH FINE
v.
SEAN HARAPKO, et al.
MARK BAINBRIDGE
TICO GLAVAS
SHELTON L FREEMAN
JUDGE Q CUSHNER
MINUTE ENTRY
East Court Building – Courtroom 612
Prior to the commencement of today’s proceedings, Plaintiff's exhibit numbers 1 through
29 and Defendant's exhibit numbers 1 through 45 were submitted electronically through Case
Center.
8:59 a.m. This is the time set for Evidentiary Hearing on Plaintiffs’ Application for
Temporary Restraining Order and Preliminary Injunction, filed February 4, 2026. Plaintiffs, Igor
Kokoskov, and Patricia Kokoskov are present and represented by counsel, Elizabeth Fine and co-
counsel Shelton L. Freeman. Defendants, Sean Harapko, and Alicia Harapko are present and
represented by counsel, Mark Bainbridge. Defendant, Grayhawk Community Association is
represented by counsel, Tico Glavas. All appearances are in person.
A record of the proceeding is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/26/2026
Docket Code 020
Form V000A
Page 2
The parties stipulate on the record that the rule of exclusion of witnesses will not be
invoked.
The parties state their respective positions concerning whether witness declarations may
be submitted and considered in lieu of presenting witnesses for live testimony.
Based upon the matter presented to the Court,
IT IS ORDERED that witness declarations shall not be permitted. All witnesses are
required to appear, either in person or virtually, to provide testimony.
The following witnesses are sworn:
Patricia Kokoskov
Sean Harapko
Jacques LeBlanc
Maxwell Schwartz
Opening statements are presented.
Plaintiffs’ case:
Lloyd Fox is sworn and testifies.
Plaintiffs’ exhibit 5 is received in evidence.
The witness is excused.
Jack Gordon is sworn and testifies.
Plaintiffs’ exhibits 1, 10, and 25 are received in evidence.
Upon motion of Plaintiffs, Defendants exhibit 35 is received in evidence.
Plaintiffs’ exhibit 22 is received in evidence.
The witness is excused.
Patricia Kokoskov having been previously sworn now testifies.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/26/2026
Docket Code 020
Form V000A
Page 3
Plaintiffs’ exhibit 6 is received in evidence.
Upon motion of Plaintiffs, Defendants’ exhibit 4 is received in evidence.
Defendants’ exhibit 44 is received in evidence.
10:31 a.m. Court stands at recess.
10:41 a.m. Court reconvenes with respective counsel and parties present.
A record of the proceedings is made digitally in lieu of a court reporter
Patricia Kokoskov resumes the stand and testifies further.
Plaintiffs rest.
Defendants’ case:
Sean Harapko having been previously sworn now testifies.
Defendants’ exhibits 10, 8, 13, 14, and 15 are received in evidence.
Plaintiffs’ exhibits 18 and 11 are received in evidence.
Discussion is held regarding hearing schedule.
Jacques LeBlanc having been previously sworn now testifies.
Defendants’ exhibit 3 is received in evidence.
Plaintiffs’ exhibit 19 is received in evidence.
The witness is excused.
Maxwell Schwartz having been previously sworn now testifies.
Plaintiffs’ exhibit 20, and 21 are received in evidence.
The witness is excused.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/26/2026
Docket Code 020
Form V000A
Page 4
Discussion is held regarding submitting a trial brief.
Closing arguments are presented.
IT IS ORDERED taking this matter under advisement.
Discussion continues regarding Defendants answer to the complaint.
Pursuant to the parties’ stipulation on the record,
IT IS ORDERED that the Defendants’ answer shall be filed within 20 days from the date
of this order.
12:14 p.m. Matter concludes.
03/30/2026 — CV2026004481 HARAPKO, SEAN 03/30/2026 HONORABLE QUINTIN CUSHNER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/03/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/30/2026
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE QUINTIN CUSHNER
A. Hayes
Deputy
IGOR KOKOSKOV, et al.
ELIZABETH FINE
v.
SEAN HARAPKO, et al.
MARK BAINBRIDGE
TICO GLAVAS
SHELTON L FREEMAN
JUDGE Q CUSHNER
UNDER ADVISEMENT RULING
The Court held an evidentiary hearing on March 26, 2026, regarding Plaintiffs Igor
Kokoskov and Patricia Kokoskov’s Application for Temporary Restraining Order and
Preliminary Injunction. Plaintiffs and Defendants Sean Harapko, Alicia Harapko, and Grayhawk
Community Association (the “Association”) appeared through counsel. The Court has considered
the evidence and testimony presented, and the applicable law, and hereby finds as follows.
I.
Background
Plaintiffs and Defendants Sean and Alicia Harapko own neighboring homes in the
Grayhawk community. Plaintiffs seek to enjoin further construction of a structure on Defendants
Sean and Alicia Harapko’s property. Plaintiffs contend that the structure does not comply with the
Grayhawk Design Guidelines and causes ongoing harm to privacy, use, and enjoyment.
Defendants contend that the structure was approved by the Association and that Defendants
obtained a City of Scottsdale permit, and that the requested injunction would impose substantial
hardship given the project’s stage of construction.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/30/2026
Docket Code 926
Form V000A
Page 2
II.
Analysis
A party seeking a preliminary injunction must establish: (1) a strong likelihood of success
on the merits; (2) the possibility of irreparable injury if the requested relief is not granted; (3) a
balance of hardships favoring that party; and (4) public policy favoring a grant of the injunction.
Shoen v. Shoen, 167 Ariz. 58, 63 (App. 1990). The “scale is not absolute, but sliding.” Smith v.
Ariz. Citizens Clean Elections Comm’n, 212 Ariz. 407, 410 (2006). The moving party may
establish either: (a) probable success on the merits and the possibility of irreparable harm, or (b)
the presence of serious questions and that the balance of hardships tips sharply in the party’s favor.
Id. at 411; Ariz. Ass’n of Providers for Persons with Disabilities v. State, 223 Ariz. 6, 12 (App.
2009).
A. Strong Likelihood of Success on the Merits/Presence of Serious Questions
The Court finds that Plaintiffs have not met their burden because they have not shown: (a)
probable success on the merits and the possibility of irreparable harm, or (b) serious questions and
that the balance of hardships tips sharply in their favor. See Smith, 212 Ariz. at 411. Plaintiffs
focused on Design Guideline provisions regarding setbacks and parapet requirements for flat roofs.
Plaintiffs presented testimony from a licensed structural engineer regarding those provisions. The
witness opined that the structure as designed or built does not comply because adding the minimum
parapet required by the Design Guidelines would require substantial modification to remain within
the Design Guidelines’ height and/or setback limitations. Defendants, however, presented
evidence and argument that the structure is being built consistent with approvals. At this
preliminary stage, the Court need not finally resolve the parties’ competing interpretations of the
governing documents to conclude that Plaintiffs have not met their burden on this record.
B. Possibility of Irreparable Injury
On irreparable harm, Plaintiffs presented testimony about privacy and enjoyment of their
property. Plaintiffs also offered testimony from a broker, who acknowledged that he was not an
appraiser, on asserted diminution in value. The Court finds that Plaintiffs’ showing does not
establish the type of harm that cannot be addressed through relief at final judgment on this record,
particularly where the dispute is intertwined with contested interpretations of the Design
Guidelines and the project is underway. On this record, Plaintiffs have not shown a possibility of
irreparable injury before final judgment. This factor weighs against preliminary injunctive relief.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2026-004481
03/30/2026
Docket Code 926
Form V000A
Page 3
C. Balance of Hardships Favoring the Moving Party
The Court finds that the balance of hardships does not tip sharply in Plaintiffs’ favor. The
Court notes that Defendants presented evidence and argument of substantial cost and disruption if
construction is halted at this stage.
D. Whether Public Policy Favors an Injunction
The Court finds that public policy considerations are mixed. Plaintiffs identify policy
concerns favoring enforcement of the community’s design standards, promoting consideration
among neighbors, addressing privacy, and preserving property values. Defendants have
emphasized predictability and reliance on the Association’s review process and the City of
Scottsdale permitting process and avoiding disruption where construction has progressed. The
Design Guidelines language emphasized at the hearing also reflects both latitude for improvements
and discretionary authority for the Architectural Committee, in appropriate circumstances, to alter,
waive, or interpret guidelines as conforming, and to treat approved nonconforming features as
approved. The Court finds that public policy does not support the extraordinary relief of a
preliminary injunction.
III. Ruling
IT IS ORDERED denying Plaintiffs’ Application for Preliminary Injunction, and denying
any request for a temporary restraining order to the extent it remains pending.
IT IS FURTHER ORDERED that this ruling does not adjudicate the merits of this matter.
