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FORT PIERCE IND. PARK PHASES v. SHAKESPEARE

No. 20140137

379 P.3d 1218 (2016)

2016 UT 28

FORT PIERCE INDUSTRIAL PARK PHASES II, III & IV OWNERS ASSOCIATION, Appellant and Cross-Appellee, v. Thomas A. SHAKESPEARE; Gloria J. Shakespeare; Gloco, LC; Atlas Tower, LLC, Appellees and Cross-Appellants.

Supreme Court of Utah.

Filed June 22, 2016.

Attorney(s) appearing for the Case

Linda M. Jones , Troy L. Booher , Clemens A. Landau , Salt Lake City, Robert D. Mitchell , St. George, for appellant.

David L. Elmont , M. Eric Olmstead , St. George, for appellees.

Justice Himonas authored the opinion of the Court, in which Chief Justice Durrant, Associate Chief Justice Lee, and Justice Durham joined. Justice John A. Pearce became a member of the Court on December 17, 2015, after oral argument in this matter, and accordingly did not participate.

INTRODUCTION

¶ 1 This case is about the authority of the Board of Trustees (Board) of the Fort Pierce Industrial Park Phases II, III & IV Owners Association (Association) to deny an application to construct a cell phone tower on a specific lot in the Fort Pierce Industrial Park. The lot in...

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