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KOHLER v. GARDEN CITY

No. 17346.

639 P.2d 162 (1981)

Reuel S. KOHLER, et al., Plaintiffs and Respondents, v. GARDEN CITY, Defendant and Appellant. BIRDIE PROPERTIES, Plaintiff, Respondent and Cross-Appellant, v. GARDEN CITY, Mack J. Madsen and Leola S. Madsen, Defendants, Appellants and Cross-Respondents.

Supreme Court of Utah.

December 10, 1981.

Attorney(s) appearing for the Case

Gordon J. Low and Herm Olsen of Hillyard Low & Anderson, Logan, for Garden City.

James C. Jenkins, Logan, for Madsen.

Bryce E. Roe, David E. Leta, and Edwin Barnes, Salt Lake City, for Kohler.

David Lloyd, Salt Lake City, for Birdie Properties.

HALL, Chief Justice:

This appeal involves a claimed public right-of-way by the Town of Garden City across two different tracts of land owned by plaintiffs Kohler and Birdie Properties. The cases were consolidated at trial.

Garden City is located on the shore of Bear Lake in Rich County. The real property involved consists of two non-contiguous tracts on the edge of the lake. The lake is to the east and the main street of Garden City is on the west of these...

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