Brigham City v. Mantua Town

754 P.2d 1230, 83 Utah Adv. Rep. 21, 1988 Utah App. LEXIS 92, 1988 WL 52431
CourtCourt of Appeals of Utah
DecidedMay 24, 1988
Docket860366-CA
StatusPublished
Cited by6 cases

This text of 754 P.2d 1230 (Brigham City v. Mantua Town) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brigham City v. Mantua Town, 754 P.2d 1230, 83 Utah Adv. Rep. 21, 1988 Utah App. LEXIS 92, 1988 WL 52431 (Utah Ct. App. 1988).

Opinions

OPINION

JACKSON, Judge:

Appellant Mantua Town (“Mantua”) seeks reversal of a judgment entered by the First Judicial District Court on September 8, 1986, based upon the court’s finding that Mantua breached an agreement made with Brigham City regarding treatment of Mantua’s sewage. Specifically, the district court concluded that Mantua failed to pay agreed-upon monthly sewer fees and failed to install and maintain flow recording equipment. Mantua was ordered to pay $24,108 in arrearages, to install flow recording equipment at manhole 48, and to pay monthly sewer fees equal to monthly rates charged similar users of Brigham City. Respondent Brigham City seeks double costs and remand for a determination of attorney fees pursuant to R. Utah Ct. App. 33(a). We affirm the trial court’s judgment and award reasonable attorney fees and double costs on appeal to Brigham City, in amounts to be determined by the trial court on remand.

On March 12, 1981, Brigham City and Mantua entered into a contract drawn by Mantua whereby Brigham City agreed to provide sewage treatment for Mantua. Since the execution of the contract, Brigham City has increased the monthly rates charged single family dwellings and churches in Mantua and Brigham City from $3.00 to $6.00, and then from $6.00 to $10.00. Brigham City admitted that the first rate increase was occasioned in part by the city’s need for new airport and softball park lighting, a water meter change program, and engineering costs incurred in upgrading its sewage treatment [1232]*1232plant. Since the execution of the contract, Mantua has remitted no more than $3.00 per user per month, although acknowledging receipt of notice of increases.

Mantua installed at manhole 48 near Brigham City a “metering device” which requires manual inspection and measurement to collect sewage flow data. Mantua also installed within its own corporate limits “flow recording equipment” which does not require manual readings.

Although not well articulated by appellant, there appear to be four issues before this court. First, did the district court err as a matter of law in determining that a “metering device” is not “flow recording equipment” under the terms of the agreement? Second, did the trial court erroneously construe the term “similar users” to require Mantua to pay sewer fee rates at an amount equal to the monthly rate charged similar residential, commercial, and industrial users in Brigham City times the number of connections used by Man-tua? Third, did the trial court erroneously compute the amount of fees that Mantua should be required to pay? Finally, should Brigham City be awarded double costs, damages and attorney fees because Man-tua’s appeal is frivolous or brought for delay?

I. CONTRACT TERMS AND FINDINGS

In construing a written contract, the primary goal is to give effect to the intentions of the parties. Buehner Block Co. v. UWC Assocs., 752 P.2d 892, 895 (Utah 1988). In this regard, questions of contract interpretation determined by the words of the agreement are matters of law. Id.; Kimball v. Campbell, 699 P.2d 714, 716 (Utah 1985). On such questions we review the ruling for correctness and accord the trial court no particular deference. Buehner Block Co., 752 P.2d at 895. See Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884 (Utah 1988).

If the contract is ambiguous or incomplete and the trial court bases its construction on extrinsic evidence regarding the parties' intent, the determination is one of fact. Kimball, 699 P.2d at 716; Seashores Inc. v. Hancey, 738 P.2d 645, 647 (Utah App.1987). On review, “this court is obliged to review the evidence and all inferences that may be drawn therefrom in a light most supportive of the findings of the trier of fact.” Seashores Inc., 738 P.2d at 647 (quoting Kimball, 699 P.2d at 716). The trial court’s findings of fact will not be disturbed if they are based upon substantial, competent, and admissible evidence. Kimball, 699 P.2d at 716; Circle Airfreight v. Boyce Equip., 745 P.2d 828, 829 (Utah App.1987). See Porter v. Groover, 734 P.2d 464, 465 (Utah 1987) (the Kimball standard is equivalent to the “clearly erroneous” standard of Utah R. Civ.P. 52(a)). When the parties present conflicting evidence, we will defer to the trial court and acknowledge its advantageous position to determine the credibility and weight of the evidence. Smith v. Utah Cent. Credit Union, 727 P.2d 219, 220 (Utah 1986).

Although the trial court in this case did not indicate that the contract was ambiguous, the findings of fact are replete with references to extrinsic evidence of the parties’ intentions. Moreover, much of the evidence presented and properly received by the trial court was testimony regarding trade usage or custom to explain the particular meaning of technical terms found in the contract and to generally elucidate the intention of the parties. See Craig Food Indus., Inc. v. Weihing, 746 P.2d 279, 283 (Utah App.1987). The trial court obviously interpreted this contract as a matter of fact. We therefore review the record to determine whether the challenged findings are clearly erroneous.

A. “Flow Recording Equipment”

The first issue in this case involves the interpretation of the phrase “flow recording equipment” at paragraph three of the contract:

Mantua further agrees to install. and maintain at its expense flow recording equipment at or near the point of delivery of its sewage to Brigham City and to make the records of such flow available to Brigham City upon request.

[1233]*1233The trial court entered the following findings:

21. The only engineers who were called and testified on this matter were Kent Jones, Brigham City Engineer, and engineers from James M. Montgomery called by Brigham City.
22. These engineers testified that the metering device installed by Mantua in Brigham City was totally inadequate and did not constitute flow recording equipment.
23. The court finds that the provision in the agreement for flow recording equipment was placed therein at the request of Brigham City Public Works Director, who by letter (Pl.Ex. 12) pointed out that these records would be useful to monitor growth, to prepare State and EPA Ques-tionaires, [sic] and as a check against excessive surface and sub-surface water discharged into the system.
24. Mantua’s Engineer, Keith Hansen, who was not called by Mantua, concurred in Mr. Nuetzman’s [Brigham City’s Public Works Director] recommendation.

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Brigham City v. Mantua Town
754 P.2d 1230 (Court of Appeals of Utah, 1988)

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Bluebook (online)
754 P.2d 1230, 83 Utah Adv. Rep. 21, 1988 Utah App. LEXIS 92, 1988 WL 52431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brigham-city-v-mantua-town-utahctapp-1988.