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UTAH DEPT. OF TRANSP. v. FULLER

No. 16404.

603 P.2d 814 (1979)

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. Glen E. FULLER and Connie J. Fuller, his wife; Kimberly G. Fuller and Kent T. Fuller, Defendants and Appellants.

Supreme Court of Utah.

November 14, 1979.

Attorney(s) appearing for the Case

Glen E. Fuller, Salt Lake City, for defendants and appellants.

Robert B. Hansen, Atty. Gen., Stephen C. Ward, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

This interlocutory appeal challenges the exercise of the eminent domain powers of the plaintiff, Utah Department of Transportation, in connection with the location and size of a parcel of land condemned for a sewage lagoon proposed to service a highway rest stop area. The lower court denied defendants' motion to dismiss following a hearing and entered an order of immediate occupancy permitting plaintiff to proceed with construction. We affirm.

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