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BAXTER v. DEPT. OF TRANSP.

No. 19097.

705 P.2d 1167 (1985)

Ronald L. BAXTER and Shirley Diane Baxter, husband and wife, Plaintiffs and Appellants, and Rio Vista Oil Ltd., a Utah corporation, an Involuntary Plaintiff, v. UTAH DEPARTMENT OF TRANSPORTATION, Defendant, Third-Party Plaintiff and Respondent, v. Robert Rees DANSIE and Marie Grow Dansie, his wife; Davis County Commissioners; Davis County Assessor; Davis County Recorder; and Weber County, a body politic of the State of Utah, Third-Party Defendants.

Supreme Court of Utah.

Rehearing Denied September 17, 1985.

Attorney(s) appearing for the Case

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

David L. Wilkinson, Atty. Gen., Stephen C. Ward, Asst. Atty. Gen., Salt Lake City, Brent D. Johns, Ogden, for defendant, third-party plaintiff and respondent.

HOWE, Justice:

In this quiet title action, defendant Utah Department of Transportation moved for and was granted summary judgment in the trial court on the basis that a judgment in a prior action collaterally estopped plaintiffs from bringing this action. Plaintiffs appeal, claiming that the prior action does not bind them since they were neither party nor privy to it.

At a Davis County tax sale in 1969, plaintiff Ronald L. Baxter, together with Ronald Toone...

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