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BREWER v. PEATROSS

No. 16027.

595 P.2d 866 (1979)

Roger Lee BREWER et al., Plaintiffs and Respondents, v. William Chad PEATROSS et al., Defendants and Appellants.

Supreme Court of Utah.

May 3, 1979.

Attorney(s) appearing for the Case

Gayle F. McKeachnie, Clark B. Allred, Vernal, for defendants and appellants.

George E. Mangan, Roosevelt, for plaintiffs and respondents.

CROCKETT, Chief Justice:

Plaintiffs, as grantees, of building lots conveyed to them by the defendants by warranty deed, brought this action for breach of warranty because of assessments levied on their property by a Special Improvement District established by the City of Roosevelt.

The plaintiffs contend that the creation and operation of the Special Improvement District constituted an encumbrance upon the property within the district, and that when the defendants...

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