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HOLLADAY TOWNE CENTER, LLC v. BROWN FAMILY HOLDINGS, LC

No. 20070496-CA.

198 P.3d 990 (2008)

2008 UT App 420

HOLLADAY TOWNE CENTER, LLC, a Utah limited liability company, Plaintiff, Appellant, and Cross-appellee, v. BROWN FAMILY HOLDINGS, LC, a Utah limited liability company, Defendant, Appellee, and Cross-appellant.

Court of Appeals of Utah.

November 20, 2008.

Attorney(s) appearing for the Case

Blake D. Miller, James W. Anderson, and Joel T. Zenger, Salt Lake City, for Appellant and Cross-appellee.

Blake S. Atkin and William O. Kimball, Bountiful, for Appellee and Cross-appellant.

Before THORNE, Associate P.J., BENCH and McHUGH, JJ.

OPINION

THORNE, Associate Presiding Judge:

¶ 1 Holladay Towne Center, LLC (HTC) appeals from the district court's judgment dismissing HTC's declaratory judgment, breach of contract, and specific performance claims against Brown Family Holdings, LC (the Browns). The Browns cross-appeal, challenging as error the district court's conclusion that certain actions taken by HTC did not constitute a material breach of contract, as was counterclaimed by the...

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