Jensen v. Skypark Landowners Association, 299 P.3d 609

Jensen plaintiffs appeal a summary judgment in favor of Skypark Landowners Association on claims brought in an amended complaint.
The trial court granted Skypark summary judgment, denied Jensen’s partial summary judgment, and awarded Skypark attorney fees.
Jensen did not sufficiently controvert most stated facts; several listed facts were admitted or not properly framed as material disputes.
Jensen conceded the 1979 Declarations were valid and enforceable, then argued Skypark’s incorporation was defective and that Skypark could not assess maintenance fees.
A motion to amend the complaint to challenge Skypark’s formation was denied; the issue of Skypark’s organizational validity was not properly before the court on summary judgment.
The court ultimately held no genuine material fact existed and Skypark was entitled to judgment as a matter of law; attorney fees were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper	Jensen alleges genuine issues of material fact existed.	Skypark contends facts were admitted or not genuinely disputed.	Summary judgment affirmed; no material fact precluded it
Whether denial of Jensen’s partial summary judgment on lien-related claims was error	There were unresolved issues for partial relief.	All claims were disposed by the January 2011 order.	No error; no claims remained for consideration
Whether attorney fees were properly awarded	Fees should be limited to lien foreclosure contexts only.	Contractual fee provision covers suits to enforce liens and related actions.	Attorney fees affirmed

Eldridge v. Farnsworth, 166 P.3d 639 (Utah Ct. App. 2007) (standard for reviewing summary judgment; required facts and citations)
Heglar Ranch, Inc. v. Stillman, 619 P.2d 1390 (Utah 1980) (material fact disputes must be genuine)
438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (arguments about form of order waived if no objection)
State v. Robison, 147 P.3d 448 (Utah 2006) (burden of persuasion on appellant)
State v. Carter, 776 P.2d 886 (Utah 1989) (general appellate standards)