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UDAK PROPERTIES v. SPANISH FORK, UT REALTY

No. 20190821-CA.

480 P.3d 1052 (2020)

2020 UT App 164

UDAK PROPERTIES LLC, Appellee, v. SPANISH FORK, UT REALTY LLC, Appellant.

Court of Appeals of Utah.

Filed December 10, 2020.

Attorney(s) appearing for the Case

Kenneth A. Okazaki , Bruce Wycoff , and Taryn N. Evans , Salt Lake City, Attorneys for Appellant.

Greggory J. Savage , Gregory S. Roberts , and Carol A. Funk , Salt Lake City, Attorneys for Appellee.

Judge Diana Hagen authored this Opinion, in which Judges Gregory K. Orme and David N. Mortensen concurred.

Opinion

¶1 Spanish Fork, UT Realty LLC (SFUR) appeals from the district court's grant of declaratory relief (Original Judgment) to UDAK Properties LLC declaring that UDAK is a "Responsible Owner" under a restrictive covenant binding the parties. SFUR argues that the provision is unambiguous and provides that UDAK is...

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