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STATE, ROAD COMMISSION v. COX CORPORATION

No. 12924.

506 P.2d 54 (1973)

29 Utah 2d 127

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Respondent, v. COX CORPORATION, Defendant and Appellant, Salt Lake City Corporation, Defendant and Respondent.

Supreme Court of Utah.

February 2, 1973.

Attorney(s) appearing for the Case

Nielsen, Conder, Hansen, & Henriod, Robert F. Orton, Earl Jay Peck, Salt Lake City, for Cox Corp.

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

Jack L. Crellin, City Atty., Ray L. Montgomery, Asst. City Atty., Salt Lake City, for Salt Lake City Corp.

ELLETT, Justice:

This is an action brought by the Utah State Road Commission to condemn a parcel of land 150 feet by 40 feet for construction of a highway. The Cox Corporation claims the land, while Salt Lake City, a municipal corporation, claims that it owns .061 of an acre and that the Cox Corporation owns only the remaining .077 of an acre.

The trial court granted summary judgment to Salt Lake City for the land it claimed, and the Cox Corporation has appealed...

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