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NELSON v. PROVO CITY

No. 930227-CA.

872 P.2d 35 (1994)

Boyd NELSON, Lorraine Nelson, Steven Whitlock, and Sheila Whitlock, Plaintiffs and Appellants, v. PROVO CITY, a municipal corporation, Defendant and Appellee.

Court of Appeals of Utah.

March 23, 1994.

Attorney(s) appearing for the Case

James G. Clark (argued), Provo, for appellants.

Gary Gregerson, Provo City Atty., and David Dixon, Asst. City Atty. (argued), Provo, for appellee.

Before BENCH, BILLINGS and DAVIS, JJ.

OPINION

DAVIS, Judge:

Appellants (Landowners) appeal a final judgment concluding that appellee Provo City (City) holds legal and equitable title (fee simple) to the portion of 900 South between 100 East and University Avenue (Roadway) abutting Landowners' property. We reverse and remand.

Pursuant to the Federal Townsite Act of 1869, the federal government deeded the Roadway along with the abutting lands in trust to the local municipal authority,...

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