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BLAKE v. HANSEN

No. 860515.

782 P.2d 472 (1989)

Ernest BLAKE and Muriel Blake, Plaintiffs and Appellants, v. Dee C. HANSEN, State Engineer of the State of Utah, Defendant and Appellee.

Supreme Court of Utah.

October 17, 1989.

Attorney(s) appearing for the Case

G. Michael Westfall, St. George, for plaintiffs and appellants.

R. Paul Van Dam, Dallin W. Jensen, Michael M. Quealy, Salt Lake City, for defendant and appellee.

ZIMMERMAN, Justice:

Appellants Ernest and Muriel Blake ("the Blakes") claim on appeal that the trial court erred in granting respondent State Engineer's motion to dismiss based on section 73-3-15 of the Code, which requires that any appeal of a decision of the State Engineer not prosecuted to final judgment within two years of its issuance be dismissed. Utah Code Ann. § 73-3-15 (1980) (as amended). The Blakes contend that the causes of the delay in proceeding...

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