Oakwood Village LLC v. Albertsons, Inc.
Utah Supreme Court
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…
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- Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
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