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OKELBERRY v. WEST DANIELS LAND ASS'N

No. 20030389-CA.

120 P.3d 34 (2005)

2005 UT App 327

Ray OKELBERRY, Plaintiff, Appellee, and Cross-appellant v. WEST DANIELS LAND ASSOCIATION, Defendant, Appellant, Cross-appellee.

Court of Appeals of Utah.

July 21, 2005.

Attorney(s) appearing for the Case

Wade R. Budge, Bradley R. Cahoon, and Peter H. Donaldson, Snell & Wilmer, Salt Lake City, for Appellant.

Don R. Petersen and Ryan D. Tenney, Howard Lewis & Petersen, Provo, for Appellee.

Before Judges DAVIS, GREENWOOD, and ORME.

OPINION

GREENWOOD, Judge:

¶ 1 This case involves a dispute between Defendant West Daniels Land Association (the Association), a nonprofit corporation, and one of its shareholders, Plaintiff Ray Okelberry, over the Association's decision to lease Association-owned land to a nonshareholder. The Association appeals the trial court's ruling, following a bench trial, awarding Plaintiff damages for breach of fiduciary...

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