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WALTON v. STATE, ROAD COMMISSION

No. 14532.

558 P.2d 609 (1976)

Steven D. WALTON et al., Plaintiffs and Appellants, v. STATE of Utah, By and Through its ROAD COMMISSION, Defendant, Third-Party Plaintiff and Respondent, v. SUMMIT COUNTY and Summit Park, Inc., Third-Party Defendants and Respondents.

Supreme Court of Utah.

December 27, 1976.

Attorney(s) appearing for the Case

Philip C. Pugsley, Salt Lake City, for plaintiffs and appellants.

Stephen C. Ward, Salt Lake City, for the State of Utah.

Robert W. Adkins, Coalville, for Summit County.

Joe Novak, Salt Lake City, for Summit Park.

HENRIOD, Chief Justice:

Appeal from a Summary Judgment in a case where Waltons said the State unconstitutionally had taken their property without compensation,1 1) which was not defensible under the doctrine of sovereign immunity, and 2) that the lower court erred in recognizing as a defense to the action, the statutory limitations period within which suit should be filed, urging that the doctrine of laches should have controlled. Affirmed...

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