Wellberg Investments, LLC v. Greener Hills Subdivision, 336 P.3d 61 (Ut. Ct. App., 2014)
Sep 18, 2014OUTCOME:
Easements and development
Park City, UT
Business Lawyer at Park City, UT
Practice Areas: Business, Real Estate ... +2 more
OUTCOME:
Easements and development
OUTCOME:
Appeal of evidence used in trial.
OUTCOME:
Landowners' neighbor brought action against landowners, alleging that he held a prescriptive easement in lane within legal boundaries of landowners' property. The trial court, found that neighbor had a ... prescriptive easement in the lane, denied landowners' motions for new trial and to amend or take additional testimony. Landowners appealed and neighbor cross-appealed.
OUTCOME:
The Court of Appeals, Voros, J., held that fair market value, as used in deficiency judgment statute, referred to the fair market value of the property as encumbered by prior liens.
OUTCOME:
The Supreme Court, Durham, C.J., held that:1 nonsignatory estoppel exception did not apply, and 2 husband was not bound to arbitration agreement through nonsignatory theory of agency.