Keith v. Mountain Resorts Development, 2014 UT 32 (Aug. 8, 2014)
Aug 8, 2014
The parties initially had a joint development agreement to develop three parcels in which they each owned partial interests. The parties could not agree on how to develop the property, so they settled their differences by having one party take Parcel A and the other party take Parcels B and C. With approval from the county, the owner of parcels B and C proceeded to develop its properties under a development plan that was previously approved for all three parcels. The owner of Parcel A (which by itself did not meet the requirements of the originally-approved plan) sued for breach of contract and other tort claims, claiming that she was entitled to her proportional share of the development rights because they were vested rights acquired through her deed for Parcel A. The Utah Supreme Court affirmed summary judgment dismissing the owner of Parcel A’s claims, holding that the conditional development rights granted by the county were not included in the deed’s general terms of conveyance giving a grantee the “rights and privileges” belonging to a piece of real property.