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WILLIAMS v. HYRUM GIBBONS & SONS

No. 16024.

602 P.2d 684 (1979)

David R. WILLIAMS, dba Industrial Communications, Plaintiff and Appellant, v. HYRUM GIBBONS & SONS CO., a Utah Corporation, Defendant and Respondent, and North Utah Community T. V., a Utah Corporation, Intervenor and Respondent.

Supreme Court of Utah.

August 24, 1979.

Attorney(s) appearing for the Case

David Lloyd and Walter P. Faber, Jr., of Watkins & Faber, Salt Lake City, for plaintiff and appellant.

B.H. Harris, Logan, for Hyrum Gibbons & Sons Co.

L. Brent Hoggan, Logan, for North Utah Community T.V.

MAUGHAN, Justice:

Plaintiff initiated this action to condemn a one-tenth of an acre parcel of land for the purpose of constructing and operating a fixed base receiver/transmitter station for mobile telephone and radio paging devices in the Logan, Utah area. The trial court permitted North Utah Community T.V., a community television antenna company, CATV to intervene. Upon trial, the court ruled plaintiff had the power of eminent domain, but denied the relief sought...

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