28.6 Injunctive Relief

• Jurisdiction: Arizona

28.6 Injunctive Relief. Rather than obtain monetary recovery, a plaintiff can seek injunctive relief to prevent or remedy a trespass. Injunctive relief is available in situations in which there is a long-term or duration-uncertain disruption to the plaintiff’s possessory interest,⁶³ actual injury that is continuing or is imminent,⁶⁴ and where there are repeated trespasses that, individually, cause only nominal damage.⁶⁵

Although the granting of injunctive relief is highly fact specific, injunctive relief will typically not be granted in situations where the plaintiff is unable to demonstrate imminent or actual harm or injury,⁶⁶ where financial relief (damages) will suffice,⁶⁷ or where there is an isolated, one-time trespass that is not expected to reoccur.⁶⁸ Importantly, the mere denial of injunctive relief does not typically preclude the plaintiff from pursuing monetary recovery for the harm or interference caused by the defendant.

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^[63] See Financial Assocs., Inc...