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

Apr 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.