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Peters v. Pine Meadow Ranch Home Association

Utah Supreme Court
151 P.3d 962 (2007)


Facts

The court of appeals ruled in favor of Pine Meadow Ranch Home Association (defendant) and against Paul Peters (plaintiff) in a civil action. In doing so, the court of appeals in its opinion made a mistake as to who had signed a plat. The court stated that Brent Jensen had signed a plat on behalf of Deseret and Security. In actuality, Brent Jensen had signed on behalf of Deseret, and Leo Jensen had signed on behalf of Security. Peters petitioned the Utah Supreme Court for certiorari. In Peters’s brief, his attorney focused on the court of appeals’ error, accusing the court of appeals panel of fabricating evidence and having an improper motive for the mistake. The attorney offered no evidence to support these claims. The attorney also stated that the court of appeals’ misinterpretation of case law was intentional and the result of improper motivations. Again, the attorney offered no evidence to support this claim.

Rule of Law

Issue

Holding and Reasoning (Durrant, J.)

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