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BENNETT v. BOW VALLEY DEVELOPMENT CORP.

No. 870118.

797 P.2d 419 (1990)

Robert BENNETT, et al., Plaintiffs and Appellants, v. BOW VALLEY DEVELOPMENT CORP., aka Flying Diamond Development Corp., Utah corporations; City of Provo, a political subdivision of the State of Utah; and Stephen G. Stewart, an individual, Defendants and Appellees.

Supreme Court of Utah.

August 16, 1990.

Attorney(s) appearing for the Case

Mark O. Van Wagoner, Craig W. Anderson, Salt Lake City, for plaintiffs and appellants.

Gary L. Gregerson, Vernon F. Romney, Robert D. West, David C. Dixon, Provo, and Carman E. Kipp, Robert H. Rees, Salt Lake City, for Provo City.

John P. Ashton, Thomas J. Erbin, Salt Lake City, for Bow Valley Corp. and Stephen G. Stewart.

HOWE, Associate Chief Justice:

Robert Bennett and the other plaintiffs/landowners appeal from the trial court's order dismissing Provo City as a party defendant. The order has been certified as a final order pursuant to rule 54(b) of the Utah Rules of Civil Procedure. The dismissal was based on governmental immunity or, in the alternative, failure by plaintiffs to provide proper notice to the City within one year pursuant to Utah Code Ann. § 63-30-13 (Supp. 1985...

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