As the developer of a Planned Unit Development in Hurricane Utah, Gemstone attempted to use the “covenants, conditions and restrictions” filed with the county to retain the exclusive rights to re-sell homs within the subdivision. The State alleged that the exclusive resale requirement violated the Utah Antitrust Act. Genstone Properties agreed not to enforce the broker agreemetn with property owners within the subdivision and to notify customers they were free to select any real estate seller. Gemstone also agreed not to adopt this type of restriction in the future or any other restriction of a similar nature, and agreed to pay a civil penalty of $10,000 to the Utah Attorney General if they ever violate this agreement in any material respect in the future.