LeVanger v. HIGHLAND ESTATES PROPERTIES OWNERS ASSOCIATION
Court of Appeals of Utah
1Opinion of the Court
OPINION
DAVIS, Judge:
¶ 1 Highland Estates Properties Owners Association, Inc. (Highland Estates) appeals a trial court order granting Jean and Rebecca LeVanger (the LeVangers) attorney fees and costs. We reverse and remand.
BACKGROUND
¶ 2 The LeVangers are homeowners and members of Highland Estates. On January 21, 1997, the LeVangers filed a derivative action under rule 23.1 of the Utah Rules of Civil Procedure against Highland Estates and members of its Board of Trustees. The LeVangers’ verified complaint alleged that the Board of Trustees had breached its fiduciary duty to Highland Estates and…
2Cases cited18 opinions
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- State v. PenaUtah Supreme Court · 1994
- Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
- Fed. Sec. L. Rep. P 94,405 Joe L. Smallwood v. Pearl Brewing Company, Southdown, Inc., Zapata Norness, Inc., Albert J. Rangeand D. Doyle MizeCourt of Appeals for the Fifth Circuit · 1974
- Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982
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