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RED MOUNTAIN RANCH

Sonoran Estates: Arizona Appeals Court rules in Mesa home construction case

PHOENIX - Just because your new neighbors plan to build their house in a way that you hadn't been told does not make its owners guilty of creating a nuisance - even if they will be able to look into your backyard, a court has ruled.

Nor does the fact that your scenic view would be blocked, the judges concluded.

In fact, in their unanimous ruling, the three-judge Arizona Appeals Court panel said there is no basis in Arizona law for claims for loss of privacy or that a view will be obstructed. And, absent a contrary decision from the Arizona Supreme Court, the ruling not only allows construction to begin but also confirms that precedent for all future cases.

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