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SWAN CREEK VILLAGE HOMEOWNERS v. WARNE

No. 20040884.

134 P.3d 1122 (2006)

2006 UT 22

SWAN CREEK VILLAGE HOMEOWNERS ASSOCIATION, Plaintiff and Appellee, v. Alicia WARNE, a minor, appearing through her father, Jeff Warne, Defendant and Appellant.

Supreme Court of Utah.

April 4, 2006.

Attorney(s) appearing for the Case

Craig G. Adamson, Eric P. Lee, Debra G. Griffiths, Salt Lake City, for plaintiff.

J. Craig Smith, D. Scott Crook, R. Christopher Preston, Salt Lake City, for defendant.

PARRISH, Justice:

¶ 1 In this appeal, we are asked to determine the validity of an assessment levied by a homeowners association. Swan Creek Village Homeowners Association brought this action against Alicia Warne for failure to pay an assessment on lots in Swan Creek Village that she purchased at a tax sale. The district court granted Swan Creek's motion for summary judgment. Alicia Warne appeals, arguing that the summary judgment should be vacated because (1...

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