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HI-COUNTRY ESTATES HOMEOWNERS ASSOCIATION v. BAGLEY & CO.

No. 920450-CA.

928 P.2d 1047 (1996)

HI-COUNTRY ESTATES HOMEOWNERS ASSOCIATION, a Utah corporation, Plaintiff, Appellant, and Cross-appellee, v. BAGLEY & COMPANY, a Utah corporation; J. Rodney Dansie; Gerald Bagley; Hi-Country Estates, Inc., a dissolved Utah corporation; Keith Spencer; Charles E. Lewton; and unknown persons claiming an interest in Hi-Country Estates Subdivision, Defendants, Appellees, and Cross-appellants, and Foothills Water Company, a Utah corporation, Counterclaimant, Appellee and Cross-appellant.

Court of Appeals of Utah.

December 5, 1996.

Attorney(s) appearing for the Case

Larry R. Keller, Salt Lake City, for Appellant Hi-Country.

Ralph J. Marsh, Salt Lake City, for Appellee Bagley & Co.

Val R. Antczak, Salt Lake City, for Appellee Foothills Water Company.

Before BENCH, BILLINGS and JACKSON, JJ.

OPINION

JACKSON, Judge:

Hi-Country Estates Homeowners Association (Homeowners Association) seeks reversal of the district court's order of reimbursement requiring it to pay $98,500 to Foothills Water Company, and reversal of the district court's ruling that the 1977 Well Lease and Water Line Extension Agreement remains a valid encumbrance upon the subject water system. We reverse the district court's order of reimbursement, remanding to the court to determine...

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