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CAFÉ RIO, INC. v. LARKIN-GIFFORD-OVERTON, LLC

No. 20070618.

207 P.3d 1235 (2009)

2009 UT 27

CAFÉ RIO, INC., a Utah corporation, and Michael D. Hughes, as Trustee of the Vera R. Hughes Grandchildren's Trust, Plaintiffs and Appellees, v. LARKIN-GIFFORD-OVERTON, LLC, a Utah limited liability company, Defendant and Appellant.

Supreme Court of Utah.

May 1, 2009.

Attorney(s) appearing for the Case

Paul D. Veasy, T. Mickell Jimenez Rowe, Aaron D. Lebenta, Salt Lake City, Aaron D. Randall, St. George, for plaintiffs.

James A. Boevers, M. David Eckersley, Michael N. Zundel, Salt Lake City, Steven W. Beckstrom, St. George, for defendant.

AMENDED OPINION

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 In this case, we must determine the construction and parking rights of two adjacent landowners Larkin-Gifford-Overton, LLC ("LGO"), and Michael D. Hughes, Trustee of the Vera R. Hughes Grandchildren's Trust ("the Trust"), as established in the Declaration of New Easements and Covenants (the "Cross-Easement Agreement" or "Agreement") executed between the parties.

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