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CACHE COUNTY v. BEUS

No. 981067-CA.

978 P.2d 1043 (1999)

1999 UT App 134

CACHE COUNTY, a public politic, Plaintiff and Appellee, v. Leo R. BEUS, Annette Beus, Malcolm C. Young, Alice H. Young, Charles M. Young, John H. Young, William Horsley, and Susan Horsley, ("The Beus Group"), Defendants and Appellants.

Court of Appeals of Utah.

April 29, 1999.

Attorney(s) appearing for the Case

Lyle W. Hillyard and Brian G. Cannell, Hillyard, Anderson & Olsen, Logan, for Appellants.

Andrew M. Morse, Snow, Christensen & Martineau, Salt Lake City, for Appellee.

Before WILKINS, P.J., BENCH and BILLINGS, JJ.

OPINION

BILLINGS, Judge:

¶ 1 Leo R. Beus, et al. (Beus) appeals the trial court's grant of summary judgment in favor of appellee Cache County precluding Beus from terminating a lease agreement between itself and Cache County. We reverse and remand.

FACTS

¶ 2 On or about June 21, 1994, the parties entered into a lease agreement (the Lease) whereby Cache County leased certain real property from Beus. The Lease provided for rental...

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