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BAXTER v. UTAH DEPT. OF TRANSP.

No. 890175-CA.

783 P.2d 1045 (1989)

Ronald L. BAXTER and Shirley Diane Baxter, Plaintiffs and Appellants, v. UTAH DEPARTMENT OF TRANSPORTATION, Defendant, Third-Party Plaintiff, and Respondent, v. Robert Rees DANSIE; Marie Grow Dansie; Davis County Assessor; Davis County Commissioners; Davis County Recorder; and Weber County, Third-Party Defendants.

Court of Appeals of Utah.

Rehearing Denied December 20, 1989.

Attorney(s) appearing for the Case

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

R. Paul Van Dam and Stephen C. Ward, Salt Lake City, for respondent Utah Dept. of Transp.

Gerald E. Hess, Farmington, for Davis County.

Brent E. Johns, Ogden, for Weber County.

Before BENCH, GREENWOOD and JACKSON, JJ.

OPINION

JACKSON, Judge:

Ronald L. Baxter and Shirley Diane Baxter (the Baxters) appeal from a judgment quieting title to six acres of land in the Utah Department of Transportation (UDOT). We reverse.

This dispute arises out of the territorial General Assembly's use of the center of the channel of the Weber River as part of the southern border of Weber County and the northern border of Davis County, in combination with two facts. First, until at least...

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