JUSTHEIM v. DIVISION OF STATE LANDS

No. 18005.

659 P.2d 1075 (1983)

Clarence I. JUSTHEIM and Justheim Petroleum Company, a corporation, Plaintiffs and Appellants, v. DIVISION OF STATE LANDS OF the UTAH STATE DEPARTMENT OF NATURAL RESOURCES, Defendant and Respondent, and PHILLIPS PETROLEUM COMPANY, a Delaware corporation, Sunoco Energy Development Co., a Delaware corporation, and Sohio Natural Resources Company, a Delaware corporation, Defendants-in-Intervention, Counterclaimants, Cross-Claimants and Respondents, v. Clarence I. JUSTHEIM and Justheim Petroleum Company, a corporation, and the Division of State Lands of the State Department of Natural Resources, Counterclaim and Crossclaim Defendants and Appellants, and GULF OIL CORPORATION, a Pennsylvania corporation, and Frederick H. Larson, an individual, Defendants-in-Intervention, Counterclaimants and Respondents, v. Clarence I. JUSTHEIM and Justheim Petroleum Company, a corporation, Counterclaim Defendants and Appellants.

Supreme Court of Utah.

March 3, 1983.


Attorney(s) appearing for the Case

Frank J. Allen, Salt Lake City, for plaintiffs and appellants.

David L. Wilkinson, Atty. Gen., Dallin W. Jensen, Asst. Atty. Gen., Michael M. Quealy, Mitchell Melich, Kent Murdock, Robert G. Pruitt, Jr., Lawrence S. Skiffington, Salt Lake City, Kent R. Olson, Denver, Colo., for defendant and respondent.


HOWE, Justice:

Plaintiffs (Justheim) appeal from a summary judgment in favor of defendant Division of State Lands of the Utah State Department of Natural Resources dismissing their complaint with prejudice and on the merits.

Under the Utah Enabling Act of 1894, 28 Stat. 109, Section 6, the United States Congress granted Utah, upon admission to the Union, Sections 2, 16, 32 and 36 of every township for the support...

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