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UTAH DEPT. OF TRANSP. v. D'AMBROSIO

No. 19271.

743 P.2d 1220 (1987)

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. John D'AMBROSIO and Mable D'Ambrosio, his wife, and Joseph Cha and Marion Cha, his wife, Defendants and Appellants.

Supreme Court of Utah.

September 30, 1987.

Attorney(s) appearing for the Case

S.V. Litizzette, Helper, and Brant H. Wall, Salt Lake City, for defendants and appellants.

David L. Wilkinson and Stephen C. Ward, Salt Lake City, for plaintiff and respondent.

HOWE, Justice:

Defendants appeal the denial of what they term "severance damages" in a condemnation proceeding.

Defendants John and Mable D'Ambrosio and Joseph and Marion Cha owned residential lots near Price, Utah. Abutting their lots was a .10-acre tract owned in part by the D'Ambrosios and in part by third persons not parties to this action. A private gravelled access road ran over this small tract to the lots. Both the D'Ambrosios and the Chas held easements...

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