View Condominium Owners Ass'n v. MSICO, L.L.C.

Summary

The Utah Supreme Court held that an amended subdivision plat did not terminate a restrictive covenant reserving lot 5 for parking because the plat and declaration were consistent and the declaration remained controlling. The court also held that Alta's revised snow-storage plan did not constitute a compensable regulatory taking because it did not substantially interfere with the condominium association's use or value of lot 8. The court reversed the Utah Court of Appeals and remanded for entry of judgment, subject to an abandonment defense and further proceedings on other claims.

Holdings

1. The amended plat did not modify or terminate the Declaration's restrictive covenant requiring lot 5's surface area to be used for parking. The Declaration and amended plat were consistent and unambiguously preserved the parking covenant.
2. The View could not establish a regulatory taking because Alta's revised snow-storage plan did not substantially abridge or destroy The View's protectable property interest in the use and enjoyment of lot 8.

Questions Presented

1. Whether recording an amended plat terminated or modified the Declaration's restrictive covenant designating lot 5 for parking.
2. Whether Alta's revised snow-storage plan constituted an unconstitutional taking of The View's property interest in the use and enjoyment of lot 8 under article I, section 22 of the Utah Constitution.

Disposition

reversed_and_remanded