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SYCAMORE FAMILY v. VINTAGE ON THE RIVER

No. 20050648-CA.

145 P.3d 1177 (2006)

2006 UT App 387

SYCAMORE FAMILY, L.L.C.; and Leland Sycamore, Plaintiffs and Appellants, v. VINTAGE ON THE RIVER HOMEOWNERS ASSOCIATION, INC.; BTS Investments, Inc.; and Scott McQuarrie, Defendants and Appellees.

Court of Appeals of Utah.

September 21, 2006.

Attorney(s) appearing for the Case

Gregory Hansen, Duval Haws & Frei, PC, American Fork, for Appellants.

Clay W. Stucki, Bennett Tueller Johnson & Deere, LLC, John D. Richards III, and Samuel E. Bell, Salt Lake City, for Appellees.

Before Judges BILLINGS, DAVIS, and ORME.

MEMORANDUM DECISION

DAVIS, Judge.

¶ 1 Plaintiffs Sycamore Family, L.L.C. and Leland Sycamore appeal the trial court's order granting Defendants' motion to dismiss for failure to state a claim under rule 12(b)(6) of the Utah Rules of Civil Procedure. See Utah R. Civ. P. 12(b)(6). We affirm.

¶ 2 The trial court determined that the underground pipes and manhole on Plaintiffs' property constitute a permanent trespass and concluded that...

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