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BROADBENT LAND CO. v. TOWN OF MANILA

No. 910262.

842 P.2d 907 (1992)

BROADBENT LAND COMPANY, Plaintiff and Appellant, v. The TOWN OF MANILA and Daggett County, Defendants and Appellees.

Supreme Court of Utah.

November 25, 1992.

Attorney(s) appearing for the Case

Lewis T. Stevens, Kristin G. Brewer, Salt Lake City, for Broadbent Land Co.

Russell C. Fericks, Robert G. Wright, John C. McKinley, Robert H. Lovell, Charles E. Greenhawt, Salt Lake City, for Mt. Fuel Supply Co.

Floyd A. Jensen, Salt Lake City, for U.S. West Communications.

Jeffrey W. Appel, Blaine J. Benard, Salt Lake City, for Snyderville Basin Improvement.

Clark B. Allred, Gayle F. McKeachnie, Vernal, for Town of Manila, Daggett County.

ZIMMERMAN, Justice:

Plaintiff Broadbent Land Company appeals the trial court's summary judgment in favor of the town of Manila and Daggett County (collectively "defendants"). Manila installed an underground sewage line along a public highway that crossed Broadbent's property. Broadbent had purchased the property subject to the easement for the public highway, and Daggett County, holder of that easement, had granted Manila permission to position the sewer line under...

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