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PANOS v. OLSEN AND ASSOCIATES CONST., INC.

No. 20040716-CA.

123 P.3d 816 (2005)

2005 UT App 446

Patrick T. PANOS, Plaintiff and Appellant, v. OLSEN AND ASSOCIATES CONSTRUCTION, INC., a Utah corporation, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied December 7, 2005.

Attorney(s) appearing for the Case

Thor B. Roundy, Salt Lake City, for Appellant.

F. Lavar Christensen, Draper, and Patrick V. Lindsay, Provo, for Appellee.

Before Judges BILLINGS, BENCH, and THORNE.

OPINION

BENCH, Associate Presiding Judge:

¶ 1 Appellant Patrick T. Panos challenges both the trial court's grant of summary judgment in favor of appellee Olsen and Associates Construction, Inc. (Olsen) and the denial of Panos's cross-motion for summary judgment. Panos contends that the home built on the Olsen's lot exceeds the thirty-two foot height restriction in the warranty deed.1 Panos asserts that summary judgment was...

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