TODD HOLLOW v. HOMES AT DEER MOUNTAIN

No. 20130767-CA.

357 P.3d 580 (2015)

2015 UT App 190

TODD HOLLOW APARTMENTS AT DEER MOUNTAIN, LP, Plaintiff and Appellant, v. HOMES AT DEER MOUNTAIN HOMEOWNERS ASSOCIATION, INC., Defendant and Appellee.

Court of Appeals of Utah.

August 6, 2015.


Attorney(s) appearing for the Case

Jason D. Boren and Quinton J. Stephens , Salt Lake City for Appellant.

John A. Snow , Salt Lake City and Spencer H. Reed , Sandy for Appellee.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judges JAMES Z. DAVIS and MICHELE M. CHRISTIANSEN concurred.


Opinion

¶ 1 This wrongful-lien case raises the question of whether a developer's right to withdraw its property from a subdivision survives and is assignable after the developer has sold all its property in the subdivision. The district court answered the question in the negative. We agree and affirm.

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