PACIFIC WEST v. GRANTSVILLE CITY

No. 20080472-CA.

221 P.3d 280 (2009)

2009 UT App 291

PACIFIC WEST COMMUNITIES, INC., a California Corporation, Petitioner, Appellee, and Cross-appellant, v. GRANTSVILLE CITY, a Utah Municipal Corporation, Respondent, Appellant, and Cross-appellee.

Court of Appeals of Utah.

October 16, 2009.


Attorney(s) appearing for the Case

J. Craig Smith, Scott M. Ellsworth, and R. Christopher Preston, Salt Lake City, and Ronald L. Elton, Grantsville, for Appellant and Cross-appellee.

R. Stephen Marshall and David P. Rose, Salt Lake City, for Appellee and Cross-appellant.

Before GREENWOOD, P.J., THORNE, Associate P.J., and McHUGH, J.


OPINION

THORNE, Associate Presiding Judge:

¶ 1 Grantsville City appeals from the portion of the district court's order on cross-motions for summary judgment in favor of Pacific West Communities, Inc. (Pacific West) and the declaratory judgment. The judgment declared that (1) the planned unit development (PUD) for the Country Haven Condominiums approved by the Grantsville City Council (the City Council) is not valid with respect to phase two of the property...

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