Wasatch Valley Pizza v. Wilson Props.
Wasatch Valley Pizza v. Wilson Props., 2021 UT App 45 (Christiansen Forster, J.)
Wilson owned the property Wasatch Valley Pizza attempted to build a Pizza Hut on. After Wasatch failed to comply with the City’s zoning requirements, it refused to pay rent and terminated its contract. Wasatch filed a complaint, and both parties filed cross motions for summary judgment. The district court granted summary judgment in favor of Wilson finding that Wasatch breached its obligations under the contract by failing to pay rent. Wasatch appealed. The Utah Court of Appeals affirmed, holding:
- The trial court did not err when it determined that the contract term “legal hinderance” in the contingency’s clause should be interpreted as something that bars or blocks the construction of the restaurant altogether—rather than any ordinance or regulation that merely interferes with construction or operation.