§ 1.3.2 Laches.

• Jurisdiction: Arizona

§ 1.3.2 Laches. The right to injunctive relief may be lost through laches. Harris v. Purcell, 193 Ariz. 409, 412, 973 P.2d 1166, 1169 (1998) ; McRae v. Lois Grunow Memorial Clinic, 40 Ariz. 496, 506-07, 14 P.2d 478, 481-82 (1932) ; Bayless Investment & Trading Co. v. Bekins Moving & Storage Co., 26 Ariz. App. 265, 547 P.2d 1065 (1976) . Equity aids the vigilant, not those who slumber on their rights. Where a party has acquiesced in the wrongful conduct of another, equitable relief against the wrongful conduct will be denied. Adam Hat Stores Inc. v. Lefco, 134 F.2d 101 (3d Cir. 1943) .

Laches will be particularly appropriate to bar relief where the plaintiff has allowed the defendant to make large expenditures before plaintiff asserts his claim. In McRae v. Lois Grunow Memorial Clinic, 40 Ariz. 496, 506-07, 14 P.2d 478, 481-82 (1932) , the plaintiff waived his right to injunctive relief, where he failed to bring suit to enjoin construction until 10 days after ground was broken, and brought no motion for preliminary relief. The plaintiff also delayed too long in Bayless Investment & Trading Co. v. Bekins Moving & Storage Co., 26 Ariz. App. 265, 269, 547 P.2d 1065, 1069 (1976). There the plaintiff had taken actions which led others to believe it no longer...