Hi-Country Estates Homeowners Association, Phase II, v. Mountaintop Properties, LLC

Salt Lake City, Utah condominium law lawyers represented Plaintiff and Defendant in an assessment dispute.


¶1 The Hi-Country Estates Homeowners Association (HOA) sued Mountaintop Properties, L.L.C., an owner of a lot within its boundaries, for unpaid assessments. And the district court granted summary judgment in the HOA's favor. This appeal presents the question of whether the HOA ... More...    $0 (05-04-2023 - UT)

¶1 Vernon and Sandra Merritt appeal from the trial court’s
determination that a mechanics’ lien that Total Restoration, Inc.
recorded against the Merritts’ home was valid and enforceable.
Total Restoration recorded the lien after a dispute arose over
payment for flood-remediation work that Total Restoration had
performed on the home. The Merritts argue that the work Tota... More...    $0 (10-30-2014 - UT)

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...    $0 (10-17-2014 - UT)

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...    $0 (10-17-2014 - UT)

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells... More...    $0 (06-12-2014 - UT)

¶1 Sundial Inc. (Sundial) appeals from a judgment awarding it damages for unjust enrichment on the ground that the trial court failed to include prejudgment interest. We affirm.

¶2 The underlying claim for equitable relief relates to The Villages at Wolf Hollow development, a sixty‐four unit condominium project (the Project) in Salt Lake County. The original developer of the Project was... More...    $0 (09-12-2013 - UT)

¶1 Westgate Resorts, Ltd. (Westgate) appeals from the district court’s entry of summary judgment in favor of Jeff Burningham in Burningham’s action for the return of $89,900 that he had paid to

1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud.

Admin. R. 11‐201(6).

Burningham v. Westgate Resorts<... More...    $0 (10-10-2013 - UT)

¶1 A condominium resident was injured when she tripped on a group of tree root offshoots concealed within the grassy common area of her complex. She sued the complex‘s contract property management company, which was tasked with performing some maintenance activities in that area. She claimed that the company had been negligent in dealing with the tree offshoots, asserting that it had breached d... More...    $0 (10-11-2013 - UT)

¶1 We are presented with two consolidated cases. The first is a direct appeal (Appeal) from an injunction entered against Ogden Trece (Trece), a criminal street gang. The second is a petition for

WEBER CO. v. OGDEN TRECE

Opinion of the Court

extraordinary writ (Petition) brought by three alleged Trece members who were served with the injunction.

¶2 Weber County (Count... More...    $0 (10-18-2013 - UT)

¶1 Defendant Jordan Pines Townhomes Owners Association, Inc. appeals the district court’s grant of partial summary judgment in favor of plaintiff, Isaac McQueen. McQueen cross‐appeals the district court’s denial of his requested attorney fees. We affirm.

BACKGROUND

¶2 Jordan Pines Townhomes Owners Association, Inc. (the Association) is a condominium association located in Wes... More...    $0 (02-28-2013 - UT)

¶1 Defendants Marmalade Square Condominium Homeowners Association, Bruce Manka, and Frank Guyman (collectively Marmalade) appeal the district court's decision to set aside a default judgment entered against Plaintiff Cheap-O-Rooter, Inc. after Cheap-O-Rooter failed to appear at a hearing. In moving to have the default judgment set aside, Cheap-O-Rooter submitted a motion with no accompanying memo... More...    $0 (11-13-2009 - UT)

Plaintiff-Appellee Deer Crest Associates I, L.C. (“Deer Crest”) and the Defendants-Appellants (collectively, “Avalon”) contracted for a construction project on Deer Crest’s land. Deer Crest ultimately filed suit against Avalon for, among other claims, breach of contract. Avalon counterclaimed. After motions for summary judgment and a bench trial, the district court entered final judgment... More...    $0 (06-02-2009 - UT)

Travelers Indemnity Company of Connecticut insured High Mountain, LLC, which managed two condominium units in Utah owned by John F. and Diane L. Mullin. The Mullins sued High Mountain for renting the units for discounted rates without permission, theft of property from the condominiums owned by the Mullins, failure to forward rental income, and theft of property from a rental unit that the Mullins... More...    $0 (09-15-2008 - UT)

2 Webb was a student in an earth science course at the University. As part of the course curriculum, students were required to attend an off-campus field trip to e... More...    $0 (03-18-2004 - UT)

2 Cazares, in her capacity as the personal representative of the estate of Rosemary Cosby (the "decedent"), sued the various defendants in this case for their roles in an alleged conspiracy to fraudulently obtain title to four parcels of real property owned by the decedent. The properties are all in Salt Lake County and are located on Deer Hollow Drive ("Deer Ho... More...    $0 (02-14-2003 - UT)

4 When the condominiums w... More...    $0 (03-14-2003 - UT)

2 The Johannessens are the cu... More...    $0 (11-07-2002 - UT)

2 Prior to 1966, Enoch Smith Jr. (Smith)(1) and D.A. Osgu... More...    $0 (11-07-2002 - UT)

1 This case arises from the installation of a master meter for the provision of electric service by petitioner Westside Dixon Associates, L.L.C. (Westside) to its condominium units in the Broadway Lofts Building (Broadway Lofts). Westside challenges the determination of the Utah Public Service Commission (the PSC) that it was prohibited from installing a master meter under Utah Admin. Code Rule 74... More...    $0 (03-19-2002 - UT)