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HENDERSON v. OSGUTHORPE

No. 17856.

657 P.2d 1268 (1982)

William H. HENDERSON, Fred A. Smolka, Marilyn M. Smolka and Donna Smolka, Plaintiffs and Appellants, v. E.B. OSGUTHORPE, Defendant and Respondent, Salt Lake County, Defendant, Cross-Claimant and Respondent.

Supreme Court of Utah.

November 16, 1982.

Attorney(s) appearing for the Case

William H. Henderson, Ralph Marsh, Salt Lake City, for plaintiffs and appellants.

William T. Thurman, Ted L. Cannon, Jay Stone, Salt Lake City, for respondents.

HALL, Chief Justice:

Plaintiffs appeal a declaratory judgment of the district court which designates defendant Salt Lake County as the owner of a strip of real property known as Bear Lane. Bear Lane runs south from Emigration Canyon Road, covering an area 33' in width and 611' in length. In 1909, this area was dedicated as a Salt Lake County roadway through the filing and recordation of an approved subdivision plat.1 However, the property...

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