Legal Opinion

Alvey Development Corp. v. MacKelprang

Court of Appeals of Utah

Decided June 27, 2002No. 20000946-CAPublishedCited by 11 opinions

1Opinion of the Court

OPINION

BENCH, Judge:

¶ 1 Defendants Van and Jamie Rae Mack-elprang (Mackelprangs), appeal the trial court’s judgment finding a prescriptive easement in favor of Plaintiff Alvey Development Corporation (Alvey). Alvey cross appeals the trial court’s pretrial grant of partial summary judgment, rejecting its claim of an easement by reservation. Both parties also appeal the denial of their respective motions for a new trial. We affirm in part and reverse in part.

BACKGROUND

¶ 2 “ ‘On appeal from a bench trial, we view the evidence in a light most favorable to the trial court’s findings, and therefore…

2Cases cited21 opinions

  1. Bradbury v. ValenciaUtah Supreme Court · 2000
  2. State v. HarmonUtah Supreme Court · 1998
  3. Orton v. CarterUtah Supreme Court · 1998
  4. State v. AllenUtah Supreme Court · 1992
  5. Sandy Island Corp. v. RagsdaleSupreme Court of South Carolina · 1965

16 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Lunt v. LanceCourt of Appeals of Utah · 2008
  2. Bonnie & Hyde, Inc. v. LynchCourt of Appeals of Utah · 2013
  3. Bel Courtyard Investments, Inc. v. WolfeCourt of Appeals of Utah · 2013
  4. Reynolds v. MacFarlaneCourt of Appeals of Utah · 2014
  5. Coleman v. StuartCourt of Appeals of Utah · 2019

6 more not listed; retrieve them via the Exa API.

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