FOREST MEADOW RANCH v. PINE MEADOW RANCH

No. 20040397-CA.

118 P.3d 871 (2005)

2005 UT App 294

FOREST MEADOW RANCH PROPERTY OWNERS ASSOCIATION, L.L.C., Petitioner and Appellant, v. PINE MEADOW RANCH HOME ASSOCIATION aka Pine Meadow Ranch Home Owners Association and as Pine Meadow Ranch Association, Respondent and Appellee.

Court of Appeals of Utah.

Rehearing Denied July 19, 2005.


Attorney(s) appearing for the Case

Boyd Kimball Dyer, Salt Lake City, for Appellant.

Edwin C. Barnes and Walter A. Romney, Jr., Salt Lake City, for Appellee.

Before Judges BENCH, GREENWOOD, and JACKSON.


OPINION

GREENWOOD, Judge:

¶ 1 Petitioner Forest Meadow Ranch Property Owners Association, L.L.C. appeals the trial court's grant of Respondent Pine Meadow Ranch Home Association's motion for summary judgment. Specifically, Petitioner argues that, as a matter of law, Respondent's lien is unenforceable because (1) the 1971 Covenants, Conditions, and Restrictions (the 1971 CC & Rs), as the basis for the lien, violate Utah's statute of frauds, see...

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