SINE v. HELLAND

No. 10540.

18 Utah 2d 222 (1966)

418 P.2d 979

JERRY SINE AND DORA A. SINE, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. HENRY C. HELLAND, DIRECTOR OF HIGHWAYS, ET AL., DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

October 21, 1966.


Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Gary H. Frank, Asst. Atty. Gen., Salt Lake City, for appellants.

Richard L. Bird, Jr., Salt Lake City, for respondents.


CALLISTER, Justice:

This is an interlocutory appeal from an order denying defendants' motion to dismiss plaintiffs' complaint, wherein the latter sought a writ of mandamus directing defendants to commence a condemnation proceeding to establish damages and to provide compensation for the taking of plaintiffs' property.

The motion to dismiss was on the grounds (1) that the defendants were being sued in their governmental capacity as Director of Highways, members...

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