Commercial Trust & Savings Bank v. Christensen

MILLER, Chief Justice.

Appellants Russell Y. Christensen and Peter M. Christensen (Christensens) appeal the trial court’s grant of summary judgment to Appellee Commercial Trust & Savings Bank (Bank), the award of costs for expenses incurred by a potential witness, and the denial of restitution for improvements made to leased property. By notice of review, Bank claims Christensens were not entitled to restitution for payments of real estate taxes and purchase installments made on an invalid lease and option agreement. We affirm all issues except we reverse and remand the award of witness costs.

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