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OAKWOOD VILLAGE LLC v. ALBERTSONS, INC.

No. 20030339.

104 P.3d 1226 (2004)

2004 UT 101

OAKWOOD VILLAGE LLC, a Delaware limited liability company, Plaintiff and Appellant, v. ALBERTSONS, INC., a Delaware corporation, and One Hamilton Associates Limited Partnership, a Massachusetts limited partnership, Defendants and Appellees.

Supreme Court of Utah.

December 3, 2004.

Attorney(s) appearing for the Case

Brent V. Manning, LeGrand R. Curtis, Jr., Robin L. Wolkoff, Daniel S. Hefter, Salt Lake, for plaintiffs.

Deno G. Himonas, Bruce Wycoff, Salt Lake, for defendants.

DURHAM, Chief Justice:

BACKGROUND

¶ 1 Plaintiff Oakwood Village, LLC (Oakwood), a commercial real estate developer, appeals the trial court's dismissal of its suit for "failure to state a claim upon which relief can be granted." Utah R. Civ. P. 12(b)(6). Oakwood claims that the trial court erred when it held that a covenant of continuous operation does not inhere in every ground lease as a matter of law. Additionally, Oakwood appeals the court's order...

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