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SALT LAKE COUNTY COTTONWOOD SANITARY DIST. v. TOONE

No. 9275.

11 Utah 2d 232 (1960)

357 P.2d 486

SALT LAKE COUNTY COTTONWOOD SANITARY DISTRICT, AN IMPROVEMENT DISTRICT, IN SALT LAKE COUNTY, BY LAMONT B. GUNDERSON, EDWIN Q. CANNON AND ABRAM BARKER, ITS BOARD OF TRUSTEES, PLAINTIFFS AND RESPONDENTS, v. CLEMENTS T. TOONE AND ELMINA S. TOONE, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 13, 1960.

Attorney(s) appearing for the Case

Roy F. Tygesen, Magna, for appellants.

Fred L. Finlinson, L. Delos Daines, Salt Lake City, for respondents.

CROCKETT, Chief Justice.

Plaintiffs sued to condemn a right of way for a sewer line across defendants' property, a six-acre tract of unimproved land at the east edge of Murray, Salt Lake County.1

The parties entered into an agreement by which the plaintiff paid defendants $1,000 for the right of way, but also agreed upon the following reservation:

"3. There is reserved to the defendants the question as to whether or not...

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