The Utah Court of Appeals held that an original subdivision survey’s monuments control over conflicting plat measurements and ordered title to a disputed wedge quieted in the Boyers.
The Utah Court of Appeals revived one of three land-use lawsuits, rejecting jurisdictional and issue-preclusion grounds while affirming other dismissals.
The Utah Court of Appeals held that a deceased beneficiary’s widow did not inherit his trust share, personal development agreement, or right of first refusal.
The Utah Court of Appeals upheld the divorce-date valuation of trust assets but vacated their distribution because the trial court did not resolve tracing and dissipation issues.
The Utah Court of Appeals found no enforceable contract for a custom-home lot but revived an unjust-enrichment claim based on design work.
The Utah Court of Appeals held that a court may resolve an ambiguous commercial lease on summary judgment when the admissible extrinsic evidence points only one way.
The Utah Court of Appeals reversed key summary-judgment rulings in a commercial lease dispute while enforcing rule 26 damages-disclosure limits in part.
The Utah Court of Appeals held for the first time that the economic loss rule bars fraud claims against corporate officers and agents who negotiated a contract on the company’s behalf, when those claims completely overlap with the corporation’s contractual duties — and reversed summary judgment on breach of contract and declaratory judgment claims because the district court had never determined what the contracts actually required.
The Utah Court of Appeals reversed a partial summary judgment that had quieted most of a disputed downtown Moab parcel to a private landowner, holding that the 1886 Moab Townsite Plat vested title in the municipality before the 1890 federal Luster Patent issued, that Utah’s rebuttable presumption of official regularity supplies the missing historical documentation, and that adverse possession cannot run against government land designated for public use regardless of how long the private use has continued.