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Court of Appeals hears dispute over 2017 quitclaim deed in Pioneer Homeowners Association case
Summary
At oral argument, Pioneer HOA's counsel argued factual disputes preclude summary judgment on whether a corporate president had actual or apparent authority to execute a 2017 quitclaim deed; TaxHawk urged affirmance, saying the record lacks affirmative board authorization for the conveyance.
The Utah Court of Appeals heard oral argument in Pioneer Homeowners Association v. TaxHawk over a 2017 quitclaim deed that transferred a narrow strip of land. Appellant counsel Doug Farr told the panel the district court erred in granting summary judgment for TaxHawk because the record contains disputed issues of material fact about whether the HOA president, Steven Cox, had actual written or oral authority or, alternatively, apparent authority to convey the strip.
"The district court's decision and grant of summary judgment is is was improper for 3 reasons," Farr said, identifying (1) disputed written authority, (2) disputed oral authority and (3) disputed apparent authority and Pioneer HOA's reasonable reliance.
Farr pointed to…
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