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WARBURTON v. VA. BEACH FED. SAV. & LOAN

No. 940016-CA.

899 P.2d 779 (1995)

Robert L. WARBURTON, Plaintiff and Appellee, v. VIRGINIA BEACH FEDERAL SAVINGS & LOAN ASSOCIATION; Jeremy Service Corporation, et al., Defendants and Appellants.

Court of Appeals of Utah.

June 29, 1995.

Attorney(s) appearing for the Case

John P. Ashton (argued), Thomas J. Erbin, Prince, Yeates & Geldzahler, Salt Lake City, for Va. Beach & Jeremy.

Anthony L. Rampton (argued), Elayne Wells Harmer, Fabian & Clendenin, Salt Lake City, for appellee.

Before ORME, DAVIS and GREENWOOD, JJ.

GREENWOOD, Judge:

Appellants Virginia Beach Federal Savings & Loan Association, et. al., (Virginia Beach) appeal from a summary judgment granting Robert L. Warburton an easement to play golf and use clubhouse facilities at the Jeremy Ranch housing development. We reverse.

BACKGROUND

In the late 1970s, Gerald Bagley began developing Jeremy Ranch, a large residential housing project and golf course in Summit County, Utah. Bagley was the sole general...

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