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VIEW CONDOMINIUM OWNERS ASS'N v. MSICO

No. 20040369, 20040370.

127 P.3d 697 (2005)

2005 UT 91

The VIEW CONDOMINIUM OWNERS ASSOCIATION, a Utah condominium association, Plaintiff, Respondent, and Cross-Petitioner, v. MSICO, L.L.C., a Utah limited liability company; and the Town of Alta, a political subdivision of the State of Utah, Defendants, Petitioners, and Cross-Respondents.

Supreme Court of Utah.

December 30, 2005.

Attorney(s) appearing for the Case

Robert E. Mansfield, Stephen Christiansen, Salt Lake City, for plaintiff.

Merrill F. Nelson, Salt Lake City, for defendants.

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

¶ 1 The View Condominium Owners Association ("The View") sued the Town of Alta and MSICO, L.L.C. ("MSI"), seeking to prevent construction of single family homes on lots 5 and 9 of the Sugarplum Planned Unit Development ("Sugarplum"), both of which are owned by MSI and located in Alta. With respect to lot 5, The View argued that restrictive covenants governing Sugarplum designated lot 5 as a...

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