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HOLT v. UTAH STATE ROAD COMMISSION

No. 13186.

511 P.2d 1286 (1973)

30 Utah 2d 4

J. Andrew HOLT and Hilma E. Holt, his wife et al., Plaintiffs and Appellants, v. UTAH STATE ROAD COMMISSION, Defendant and Respondent.

Supreme Court of Utah.

July 10, 1973.

Attorney(s) appearing for the Case

Brant H. Wall, Salt Lake City, Phillip L. Foremaster, St. George, for appellants.

Vernon B. Romney, Atty. Gen., Salt Lake City, Robert L. Gardner, Asst. Atty. Gen., Cedar City, for respondent.

CROCKETT, Justice.

Plaintiffs commenced this action to recover damages allegedly caused to their property on the northwest corner of the intersection of 100 South and 1100 East streets in St. George, by the construction of an underpass of highway I-15, which lowered the grade, and impaired access to the property from 100 South Street. The court granted defendant's motion to dismiss. Plaintiffs appeal.

There is no taking of property involved in this action...

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