BRICKYARD HOMEOWNERS' ASS'N v. GIBBONS REALTY

No. 17776.

668 P.2d 535 (1983)

BRICKYARD HOMEOWNERS' ASSOCIATION MANAGEMENT COMMITTEE, Plaintiff and Respondent, v. GIBBONS REALTY COMPANY, Harold N. Wilkinson, Brickyard Associates and William A. Gibbons, Defendants and Appellants.

Supreme Court of Utah.

July 7, 1983.


Attorney(s) appearing for the Case

David E. Leta and Jim Dalton Dunn, Salt Lake City, for defendants and appellants.

Gary A. Weston and Richard K. Hincks, Salt Lake City, for plaintiff and respondent.


HOWE, Justice:

We granted an interlocutory appeal on petition by the defendants when their motion to dismiss for lack of standing was denied by the court below. They challenge plaintiff's right to sue under U.C.A., 1953, § 57-8-33. This is a case of first impression in our forum.

Plaintiff constitutes the management committee of the Brickyard Homeowners' Association created pursuant to the Utah Condominium Ownership Act, § 57-8-1, et seq. and the...

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