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OAK LANE HOMEOWNERS ASS'N v. GRIFFIN

No. 20080084-CA.

219 P.3d 64 (2009)

2009 UT App 248

OAK LANE HOMEOWNERS ASSOCIATION, Plaintiff and Appellant, v. Dennis L. GRIFFIN and Renae Griffin, Defendants and Appellees.

Court of Appeals of Utah.

September 11, 2009.

Attorney(s) appearing for the Case

Stephen Quesenberry and Jessica Griffin Anderson, Provo, for Appellant.

Shawn D. Turner, South Jordan, for Appellees.

Before Judges THORNE, ORME, and DAVIS.

OPINION

ORME, Judge:

¶ 1 Oak Lane Homeowners Association (the Association) appeals a summary judgment ruling in favor of Dennis L. and Renae Griffin. More specifically, the Association claims that the trial court created a new type of easement, "an easement by plat," which is not recognized in Utah. Further, the Association urges that there are three material facts in dispute relating to the use, ownership, and nature of the private roadway in question...

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