CORNISH TOWN v. KOLLER

No. 880121.

817 P.2d 305 (1991)

CORNISH TOWN, Plaintiff and Appellee, v. Evan O. KOLLER and Marlene B. Koller, husband and wife, Defendants and Appellants.

Supreme Court of Utah.

August 1, 1991.


Attorney(s) appearing for the Case

M. Byron Fisher, Michelle Mitchell, Salt Lake City, for the Kollers.

George W. Pratt, Jody K. Burnett, Salt Lake City, for Cornish Town.


HOWE, Associate Chief Justice:

Defendants Evan O. Koller and Marlene B. Koller, his wife, appeal from a judgment for $59,670 entered on a special jury verdict in their favor and against plaintiff Cornish Town.

FACTS

Cornish Town commenced this action in July 1986 to condemn approximately one hundred acres of Kollers' land for the purpose of creating protection zones around Griffiths and Pearson Springs, which are on Kollers' property. The springs...

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