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GREENWOOD v. STATE, ROAD COMMISSION

No. 13012.

510 P.2d 1098 (1973)

29 Utah 2d 407

David H. GREENWOOD et al., Plaintiffs, v. STATE of Utah By and Through its ROAD COMMISSION, Defendant. STATE of Utah By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. D. Hartley GREENWOOD et al., Defendants and Respondents.

Supreme Court of Utah.

June 5, 1973.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., John S. McAllister, Asst. Atty. Gen., Salt Lake City, for appellant.

Everett E. Dahl, Midvale, for respondents.

ELLETT, Justice:

This is an appeal by the State Road Commission from a summary judgment holding that respondents have a compensable interest in land which they do not own and which was taken for the construction of a freeway.

The facts of this case show that a freeway was constructed between land owned by respondents and a large canal from which water was diverted into lateral ditches to irrigate lands belonging to respondents. No land of respondents was taken...

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