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BRIGHTON CORP. v. WARD

No. 20000171-CA.

31 P.3d 594 (2001)

2001 UT App 236

BRIGHTON CORPORATION, a Utah corporation, Plaintiff and Appellee, v. Gregory M. WARD, an individual; Isabel M. Coats and Walter M. Coats, individually and as trustees of the Isabel M. Coats Trust dated December 10, 1985; Doug's Tree Service, Inc., a Utah corporation; and unknown persons designated as John Does 1-10, Defendants and Appellant.

Court of Appeals of Utah.

August 2, 2001.

Attorney(s) appearing for the Case

David M. Connors and James K. Tracy, LeBoeuf, Lamb, Green & MacRae, Salt Lake City, for Appellant.

Scott A. Hagen and James S. Jardine, Ray, Quinney & Nebeker, Salt Lake City, for Appellee.

Before GREENWOOD, P.J., and JACKSON, Associate P.J., and BILLINGS, J.

OPINION

GREENWOOD, Presiding Judge:

¶ 1 Brighton Corporation (Brighton) filed suit seeking to prevent Gregory M. Ward (Ward) from building a cabin, alleging the cabin violated applicable restrictive covenants. Ward now appeals several rulings of the trial court that, among other things, upheld Brighton's refusal to approve building plans submitted by Ward. We affirm in part and reverse in part, and remand for further proceedings consistent with this...

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