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OSGUTHORPE v. ASC UTAH, INC.

No. 20130861.

365 P.3d 1201 (2015)

2015 UT 89

Stephen A. OSGUTHORPE, individually and in his capacity as Interim Personal Representative of the Estate of D.A. Osguthorpe, D.V.S. and also in his capacity as Successor Trustee of The Dr. D.A. Osguthorpe Trust; and D.A. Osguthorpe Family Partnership, Appellants, v. ASC UTAH, INC.; American Skiing Company; Leslie B. Otten; Wolf Mountain Resorts, L.C.; et al., Appellees.

Supreme Court of Utah.

Rehearing Denied February 26, 2016.

Attorney(s) appearing for the Case

David W. Scofield , Larry R. Williams , Sandy, for appellants.

John R. Lund , Julianne P. Blanch , Salt Lake City, Joseph E. Wrona , Park City, for appellees.

Associate Chief Justice LEE authored the opinion of the Court, in which Chief Justice DURRANT, Justice DURHAM, and Judge ORME joined. Having recused himself, Justice HIMONAS does not participate herein; Court of Appeals Judge GREGORY K. ORME sat.

¶ 1 This appeal arises out of a longstanding dispute between the Stephen A. Osguthorpe family and ASC Utah, Inc. The Osguthorpes own land that has long been used for sheep ranching. For many years ASC operated The Canyons ski resort on land adjacent to that owned by the Osguthorpes. By contract...

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