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P.H. INV. v. OLIVER

No. 870501-CA.

778 P.2d 11 (1989)

P.H. INVESTMENT, Plaintiff and Respondent, v. Cathy OLIVER, Defendant and Appellant.

Court of Appeals of Utah.

July 14, 1989.

Attorney(s) appearing for the Case

Bruce Plenk (argued), Salt Lake City, for defendant and appellant.

James H. Deans (argued), Salt Lake City, for respondent and amicus curiae, Apartment Ass'n of Utah.

Edward R. Munson, Salt Lake City, for amici curiae, Utah Housing Coalition, Salt Lake Community Action Program, and Utah Issues Information Program.

Before BENCH and GARFF, JJ., and DEE, Senior District Judge.

OPINION

DAVID B. DEE, Senior District Judge.

This case between landlord and tenant is an appeal by the defendant and tenant Oliver from an order of the circuit court consisting of a money judgment for unpaid rent, an order restoring the rented property to the landlord, and dismissal of Oliver's counterclaim for a refund of rent already paid. Oliver appeals, claiming breach of an implied warranty of habitability, which has not been recognized in Utah. Deferring...

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