Legal Opinion

Oakwood Village LLC v. Albertsons, Inc.

Utah Supreme Court

Decided December 3, 2004No. 20030339PublishedCited by 103 opinions

1Opinion of the Court

DURHAM, Chief Justice:

BACKGROUND

{1 Plaintiff Oakwood Village, LLC (Oak-wood), a commercial real estate developer, appeals the trial court's dismissal of its suit for "failure to state a claim upon which relief can be granted." Utah R. Civ. P. 12(b)(6). Oakwood claims that the trial court erred when it held that a covenant of continuous operation does not inhere in every ground lease as a matter of law. Additionally, Oak-wood appeals the court's order that it pay defendants' reasonable attorney fees pursuant to paragraph 20 of the lease between Oakwood and Albertsons, Inc. (Albertsons), in…

2Cases cited29 opinions

  1. Foley v. Interactive Data Corp.California Supreme Court · 1988
  2. Gff Corporation, an Oklahoma Corporation v. Associated Wholesale Grocers, Inc., a Missouri CorporationCourt of Appeals for the Tenth Circuit · 1997
  3. J. Robert Tierney v. Chet W. Vahle and Debbie OlsonCourt of Appeals for the Seventh Circuit · 2002
  4. St. Benedict's Development Co. v. St. Benedict's HospitalUtah Supreme Court · 1991
  5. Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991

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3Cited by103 opinions

  1. Flood v. ClearOne Communications, Inc.Court of Appeals for the Tenth Circuit · 2010
  2. Brown v. Division of Water Rights of the Department of Natural ResourcesUtah Supreme Court · 2010
  3. State v. Apotex Corp.Utah Supreme Court · 2012
  4. Dexter v. BoskoUtah Supreme Court · 2008
  5. Gillmor v. MacEyCourt of Appeals of Utah · 2005

98 more not listed; retrieve them via the Exa API.

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