COOK ASSOC. v. UTAH SCHOOL & INST. TRUST

No. 20090330-CA.

243 P.3d 888 (2010)

2010 UT App 284

COOK ASSOCIATES, INC., dba Cook Slurry Company, a Utah corporation, Plaintiff and Appellant, v. UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION, Defendant and Appellee.

Court of Appeals of Utah.

October 15, 2010.


Attorney(s) appearing for the Case

Blake S. Atkin and Joseph H. Pugsley , Bountiful, for Appellant.

Thomas A. Mitchell , Salt Lake City, for Appellee.

Before Judges McHUGH, ORME, and CHRISTIANSEN.


OPINION

McHUGH, Associate Presiding Judge:

¶ 1 Cook Associates, Inc. (Cook) appeals the trial court's grant of summary judgment in favor of the Utah School and Institutional Trust Lands Administration (SITLA). We reverse and remand, in part, and affirm, in part.

BACKGROUND

¶ 2 On June 13, 1978, Cook and SITLA's predecessor agency, the Division of State Lands & Forestry,1 entered into a forty-nine...

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