Legal Opinion

Kirton McConkie PC v. ASC Utah LLC

Court of Appeals of Utah

Decided September 22, 2016No. 20140798-CAPublishedCited by 2 opinions

1Opinion of the Court

Opinion

ROTH, Judge:

¶1 ASC Utah LLC leased property in Summit County from Wolf Mountain Resorts LC. In a separate case, ASC Utah obtained a $60 million judgment (the Judgment) against Wolf Mountain for breach of the lease. Kir-ton McConkie PC represented Wolf Mountain in that case. Shortly before trial, Wolf Mountain assigned its right to receive rents from ASC Utah to Kirton McConkie to secure payment of Kirton McConkie’s past due and still-accruing attorney fees. After the trial, the. court determined that ASC Utah had a right to set off its upcoming rent payment against the Judgment. Kirton…

2Cases cited17 opinions

  1. Orvis v. JohnsonUtah Supreme Court · 2008
  2. SME Industries, Inc. v. Thompson, Ventulett, Stainback & Associates, Inc.Utah Supreme Court · 2001
  3. ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.Utah Supreme Court · 2013
  4. Butler v. WilkinsonUtah Supreme Court · 1987
  5. AMS Salt Industries, Inc. v. Magnesium Corp. of AmericaUtah Supreme Court · 1997

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3Cited by2 opinions

  1. Timber Lakes v. CowanCourt of Appeals of Utah · 2019
  2. Skinner v. GarryDistrict Court, D. Maryland · 2020

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