WESTERN GATEWAY STORAGE CO. v. TRESEDER

No. 14816.

567 P.2d 181 (1977)

WESTERN GATEWAY STORAGE CO., Plaintiff and Respondent, v. Fred G. TRESEDER and Antonia Treseder, his wife, and the United States of America, Defendants and Appellants.

Supreme Court of Utah.

July 21, 1977.


Attorney(s) appearing for the Case

Darrell G. Renstrom, W. Brent West, Ogden, for defendants and appellants.

Richard W. Campbell, of Olmstead, Stine & Campbell, Ogden, for plaintiff and respondent.


HALL, Justice:

This is an appeal from a bench trial and judgment declaring as abandoned a right of way over real property.

The defendants, Treseder, are the owners of a right of way acquired by a series of conveyances dating to 1909 recorded in the Office of the Weber County Recorder. It was initially used for the delivery of coal and since conversion of the area to natural gas as the principal heating fuel its use has been for the removal of waste materials...

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