Still Standing Stable, LLC v. Allen

DURHAM, Chief Justice:

¶ 1 In this case, plaintiff appeals the trial court’s award of attorney fees for bad faith pursuant to Utah Code section 78-27-56. We reverse.

BACKGROUND

¶ 2 In September 1998, Still Standing Stable, LLC (Still Standing) purchased 170 acres of property in the Ogden Valley from the State of Utah School and Institutional Trust Lands Administration (SITLA). The information provided by SITLA regarding the property read:

There is likely no access. Although there is an ungraveled and unimproved road leading to the property, it crosses privately owned lands. Historical access may…