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ASCUTAH, INC. v. WOLF MOUNTAIN RESORTS

No. 20110742.

309 P.3d 201 (2013)

2013 UT 24

ASCUTAH, INC. and Stephen A. Osguthorpe, Plaintiffs and Appellees, v. WOLF MOUNTAIN RESORTS, L.C., Defendant and Appellant, Enoch Richard Smith, Intervenor and Appellee.

Supreme Court of Utah.

May 3, 2013.

Attorney(s) appearing for the Case

John P. Ashton , Clark K. Taylor , John R. Lund , Kara L. Pettit , David W. Scofield , Christopher Jon Finley , M. David Eckersley , Salt Lake City, for plaintiffs and appellees.

Steve K. Gordon , Todd D. Wakefield , Joseph E. Wrona , Salt Lake City, for defendant and appellant.

Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 Wolf Mountain Resorts, L.C. (Wolf Mountain) appeals following a trial in which the jury found it liable to ASC Utah, Inc. (ASCU) for $54,437,000 in damages. Wolf Mountain argues that the district court committed reversible error when it denied Wolf Mountain's motions for summary judgment, determined that the Amended and Restated Development Agreement for the Canyons Specially Planned Area (SPA Agreement...

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