Cox v. Utah Mortg. and Loan Corp.

HOWE, Justice:

Plaintiffs appeal from a summary judgment granted to defendant City of Pleasant Grove and from the denial of their own motion for partial summary judgment against Pleasant Grove.

Plaintiffs purchased lots in the Wade Springs Subdivision in Pleasant Grove before off-site improvements to those lots had been made. Defendant Scott, developer of the subdivision, executed and delivered to Pleasant Grove a subdivision improvement agreement in which he agreed to construct the improvements at his own expense. In lieu of Scott posting a performance bond, Utah Mortgage and Loan Corp., as…