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UNITED PARK CITY MINES CO. v. STICHTING MAYFLOWER MOUNTAIN FONDS

No. 20040943.

140 P.3d 1200 (2006)

2006 UT 35

UNITED PARK CITY MINES CO., a Delaware corporation, Plaintiff and Appellee, v. STICHTING MAYFLOWER MOUNTAIN FONDS, a Netherlands association; Stichting Mayflower Recreational Fonds, a general partnership; Stichting Mayflower Recreation; Consolidated Mayflower Mines, Inc., a Utah corporation; Royal Street of Utah; Cooperative Centrale Raiffeisenboerenleenbank, B.A., a Netherlands corporation; May Finance C.V.; Deer Valley Resort, Inc., a Nevada corporation; and Newpark Resources, Inc., a Nevada corporation, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied July 17, 2006.

Attorney(s) appearing for the Case

Laura S. Scott, Michael P. Petrogeorge, Salt Lake City, for plaintiff.

E. Craig Smay, Salt Lake City, for appellants Wendy A. Faber, Salt Lake City, for defendant Deer Valley Resort.

Casey K. McGarvey, Salt Lake City, for defendant Newpark Resources.

PARRISH, Justice:

¶ 1 This case stems from the application of a much-favored property right: a cotenant's right to partition. Partition is intended to broker peace between feuding cotenants and promote the productive use of property. The scarcity of relevant case law is perhaps a reflection of the effectiveness and wisdom of the remedy. Nevertheless, a judicial partition can sometimes breed further contention and dissatisfaction...

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