OAK LANE HOMEOWNERS ASS'N v. Griffin

OPINION

ORME, Judge:

T1 Oak Lane Homeowners Association (the Association) appeals a summary judgment ruling in favor of Dennis L. and Renae Griffin. More specifically, the Association claims that the trial court created a new type of easement, "an easement by plat," which is not recognized in Utah. Further, the Association urges that there are three material facts in dispute relating to the use, ownership, and nature of the private roadway in question. We affirm the grant of summary judgment.

BACKGROUND

T2 In 1977, the Oak Hills Subdivision was platted, showing five lots that abutted Oak Lane.…