Logourl black

Western Properties v. Southern Utah Aviation, Inc.

Utah Court of Appeals
776 P.2d 656 (1989)


Facts

Western Properties (Western) (plaintiff) leased vacant land at the Cedar City Airport from Cedar City (City). Pursuant to an agreement reviewed and approved by the City, Western subleased the land to Southern Utah Aviation, Inc. (Southern) (defendant), which covenanted to construct a maintenance building on the property. The building was to become Western’s property at the end of the 15-year lease term. Southern applied to the City for approval of its building plan. To the surprise of both Southern and Western, the City did not approve of the building and, further, did not develop any overall development plan for the airport. Southern abandoned the property. Western sued for back rent, future rent, and the expected value of the building that was to be constructed. The trial court awarded partial summary judgment to Western regarding its entitlement to rent for the period up to Southern’s abandonment. The court denied Western’s claims for future rent and the value of the building.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Conder, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 85,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 11,924 briefs - keyed to 159 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now