SCM NEWS & OPINIONS

Northgate Village Development, LC v. Orem City, 2014 UT App 86 (April 17, 2014) 

The trial court granted summary judgment to Orem City on various claims related to a land sale contract. The Court of Appeals held material issues of fact existed on the contract issue and that the contract contained ambiguities. The Court also held that while a party is free to alternatively plead equitable and contract claims at the pleading stage, if the trial court eventually determines that a contract covers the issues subject to the equitable claims, the equitable claims are precluded. Thus, while the trial court arguably erred in dismissing claims for unjust enrichment and restitution on a motion to dismiss, the error was harmless where the issue was covered by a valid contract.