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OAK LANE HOMEOWNERS ASS'N v. GRIFFIN

No. 20050140-CA.

153 P.3d 740 (2006)

2006 UT App 465

OAK LANE HOMEOWNERS ASSOCIATION, Plaintiff and Appellant, v. Dennis L. GRIFFIN and Renae Griffin, Defendants and Appellees. Dennis L. Griffin and Renae Griffin, Counterclaim Plaintiffs and Appellees, v. Marcus Barney, Heather Barney, Rick C. Farr, and Claude (Rick) Farr Jr., as Co-Trustees of the Toni C. Farr Living Trust; Andrew Steven Wilson; Charles Campbell; Oak Lane Associates; and The Oak Lane Homeowners' Association, Counterclaim Defendants and Appellants.

Court of Appeals of Utah.

November 24, 2006.

Attorney(s) appearing for the Case

J. Bryan Quesenberry and Stephen Quesenberry, Hill Johnson & Schmutz LC, Provo, for Appellants.

Scott M. Ellsworth and R. Christopher Preston, Smith Hartvigsen PLLC, Salt Lake City, for Appellees.

Before Judges GREENWOOD, DAVIS, and ORME.

OPINION

DAVIS, Judge:

¶ 1 The Oak Lane Homeowners Association (the Association) appeals the trial court's grant of Dennis L. and Renae Griffin's motion for partial summary judgment. We reverse and remand.

BACKGROUND

¶ 2 The four homeowners of the Association and the Griffins are neighbors in a residential subdivision in Alpine, Utah. This case arose out of a disagreement over whether Oak Lane, a road providing access to the Association...

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