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ASC UTAH, INC. v. WOLF MOUNTAIN RESORTS

No. 20090599.

245 P.3d 184 (2010)

2010 UT 65

ASC UTAH, INC. dba The Canyons, Plaintiff, Counterclaim Defendant and Appellee, v. WOLF MOUNTAIN RESORTS, L.C., Defendant, Counterclaim Plaintiff and Appellant. Wolf Mountain Resorts, L.C., Plaintiff, v. ASC Utah, Inc. dba The Canyons, Defendant. Stephen A. Osguthorpe, et al., Plaintiffs, v. Wolf Mountain Resorts, L.C., Defendant. Enoch Richard Smith, as the Personal Representative of the Estate of Enoch Smith, Jr., Intervenor. Stephen A. Osguthorpe, et al, Plaintiffs, v. ASC Utah, Inc. dba The Canyons, Defendant.

Supreme Court of Utah.

November 19, 2010.

Attorney(s) appearing for the Case

John P. Ashton , Clark K. Taylor , John R. Lund , Kara Pettit , Salt Lake City, for plaintiffs.

David M. Wahlquist , Ryan B. Frazier , Salt Lake City, Bruce C. Moore , Scott Mahady, Eugene, OR, for defendants.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case presents two issues: (1) whether the district court has jurisdiction to find that a party waived its contractual right of arbitration under Utah Code section 78-31a-4 (1996),1 and (2) whether the district court erred in holding that Wolf Mountain waived any potential contractual right to arbitration. We hold that the district court has such jurisdiction, and that it was correct...

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