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McKAY v. SALT LAKE CITY

No. 14149.

547 P.2d 210 (1976)

Kenneth V. McKAY and Betty McKay, husband and wife, Plaintiffs and Appellants, v. SALT LAKE CITY, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Utah.

March 15, 1976.

Attorney(s) appearing for the Case

Brant H. Wall, Salt Lake City, for plaintiffs and appellants.

Roger F. Cutler, Salt Lake City Atty., Ray L. Montgomery, Asst. Salt Lake City Atty., Elliott J. Williams, Worsley, Snow & Christensen, Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Plaintiffs McKay sued for damages caused the lawn, shrubs and sprinkling system of their home on the southwest corner of University Avenue and First South when the defendant City widened and lowered the street grade. On the basis of the pleadings, affidavits, and exhibits the district court granted defendant's motion for dismissal on the ground that the plaintiffs had failed to give the notice within 90 days of the injury, required by Section 63...

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