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VIEW CONDOMINIUM OWNERS ASS'N v. MSICO

No. 20020746-CA.

90 P.3d 1042 (2004)

2004 UT App 104

The VIEW CONDOMINIUM OWNERS ASSOCIATION, a Utah condominium association, Plaintiff and Appellant, v. MSICO, L.L.C., a Utah limited liability company; The Town of Alta, a political subdivision of the State of Utah; and John Does 1 through 10, Defendants and Appellees.

Court of Appeals of Utah.

April 8, 2004.

Attorney(s) appearing for the Case

Robert E. Mansfield and Stephen Christiansen, Van Cott Bagley Cornwall & McCarthy, Salt Lake City, for Appellant.

William H. Christensen and Lawrence B. Dingivan, Callister Nebeker & McCullough, Salt Lake City, for Appellees.

Before Judges BENCH, DAVIS, and JACKSON.

OPINION

JACKSON, Judge:

¶ 1 The View Condominium Owners Association (The View) challenges the district court's denial of its motion for summary judgment and the district court's grant of summary judgment to MSICO, L.L.C. (MSICO) and the Town of Alta (Alta). We affirm in part and reverse and remand in part.

BACKGROUND

¶ 2 The Sugarplum Planned Unit Development (Sugarplum PUD) comprises approximately 25 acres in Alta near the top...

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