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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

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Issue

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Holding and Reasoning (Conder, J.)

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  • 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.).

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