Northgate Village Development v. Orem City

MORTENSEN, Judge:

¶ 1 Northgate Village Development LC purchased property from Orem City containing multiple stockpiles of buried garbage, including asphalt and other debris. Although the parties anticipated that some cleanup would be necessary, the amount of garbage ultimately discovered was significant, generating cleanup costs of nearly $3 million. Northgate and the City dispute who should pay for the cleanup of what garbage. The district court entered orders excluding evidence of any garbage unrelated to asphalt and excluding two of Northgate's expert witnesses from testifying. Northgate,…