HOLLADAY TOWNE v. BROWN FAMILY HOLDINGS

No. 20090050.

248 P.3d 452 (2011)

2011 UT 9

HOLLADAY TOWNE CENTER, L.L.C., Plaintiff and Petitioner, v. BROWN FAMILY HOLDINGS, L.L.C., Defendant and Respondent.

Supreme Court of Utah.

February 1, 2011.


Attorney(s) appearing for the Case

James L. Ahlstrom , Robyn L. Wicks , Salt Lake City, for plaintiff.

Blake S. Atkin , William O. Kimball , Joseph H. Pugsley , Bountiful, for defendant.


On Certiorari to the Utah Court of Appeals

Justice LEE, opinion of the Court:

¶ 1 This case arises out of a contract dispute over the terms of a lease agreement. The principal issue on appeal concerns which party (landlord or tenant) bore responsibility under the lease to incur the expense of quieting title when an easement interfering with tenant's ability to obtain financing for the development of the property was identified. We conclude that the parties...

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