HATANAKA v. STRUHS

No. 860087-CA.

738 P.2d 1052 (1987)

Tad HATANAKA, Plaintiff and Respondent, v. K.E. STRUHS and Jacqueline Struhs, his wife, Defendants and Appellants.

Court of Appeals of Utah.

July 6, 1987.


Attorney(s) appearing for the Case

Roy G. Haslam, Paul D. Veasy, Biele, Haslam & Hatch, and John Walsh, Salt Lake City, for defendants and appellants.

John S. Chindlund, James A. Boevers, Prince, Yeates & Geldzahler, Salt Lake City, for plaintiff and respondent.

Before ORME, GARFF and DAVIDSON, JJ.


OPINION

DAVIDSON, Judge:

The Third District Court ordered defendants to remove the fence, dirt, and debris they placed on what was determined to be plaintiff's property. Defendants were permanently enjoined from placing any additional fences, debris or fill on the land at issue. The trial court Judgment decreed that neither party was entitled to an allowance of attorney's fees under Utah Code Ann. § 78-27-56 (1981), plaintiff was not entitled to punitive...

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