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WELLBERG INVESTMENTS v. GREENER HILLS

No. 20130043-CA.

336 P.3d 61 (2014)

2014 UT App 222

WELLBERG INVESTMENTS, LLC, Plaintiff and Appellant, v. GREENER HILLS SUBDIVISION, Christensen Mountain Properties, and Dorothy Christensen, Defendants and Appellees.

Court of Appeals of Utah.

September 18, 2014.

Attorney(s) appearing for the Case

Walter T. Keane , Cottonwood Heights, Attorney for Appellant.

Kraig J. Powell and Shawn W. Potter , Park City, Attorneys for Appellee Greener Hills Subdivision.

Clark R. Nielsen and Kathryn J. Steffey , Salt Lake City, Attorneys for Appellees Christensen Mountain Properties and Dorothy Christensen.

Judge JAMES Z. DAVIS authored this Memorandum Decision, in which Judges J. FREDERIC VOROS JR. and STEPHEN L. ROTH concurred.

Memorandum Decision

DAVIS, Judge:

¶ 1 Wellberg Investments, LLC appeals from the district court's denial of its motion for summary judgment and its grant of summary judgment in favor of defendants Greener Hills Subdivision, Christensen Mountain Properties, and Dorothy Christensen (collectively, the Defendants). In granting summary judgment in favor of the Defendants, the district court determined that Wellberg's land is not benefitted by an express...

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