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Home / Courts / Tort/Negligence – Contract — Proposed Mountain Development – Faulty Appraisals — Unfair Trade Practices – Real Property — Summary Judgment-Rule 37 (access required)

Tort/Negligence – Contract — Proposed Mountain Development – Faulty Appraisals — Unfair Trade Practices – Real Property — Summary Judgment-Rule 37 (access required)

In re Fifth Third Bank Even though appraisals of mountain property were six times higher than the land’s final tax value, we reject the buyers’ claims of unfair trade practices, negligence and negligent misrepresentation because the buyers did not rely upon the appraisals in deciding whether to purchase the lots. Where the underlying tort claims fail, the claim of civil conspiracy also fails. Further, we affirm the trial court’s award of costs to defendants, and affirm exclusion of plaintiff’s expert testimony, which was submitted late and included false statements as to the timing.

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